Understanding Marijuana Laws in Virginia

Marijuana laws in Virginia have evolved significantly over the past few years. As of July 1, 2021, Virginia became the first Southern state in the US to legalize the recreational use of marijuana. This historic change in legislation has brought about a range of new rules and regulations that residents and visitors should understand to remain compliant with state law.

Recreational Use

Adults 21 years and older are legally permitted to possess up to one ounce (28 grams) of marijuana. This possession is for personal use only and cannot be for commercial purposes. While the public consumption of marijuana remains prohibited, private consumption is allowed. Therefore, individuals may consume marijuana in the privacy of their own homes or other private properties where they have permission. It is important to note that driving under the influence of marijuana is illegal and can result in severe penalties.

Growing Marijuana at Home

Virginia law allows adults to cultivate up to four plants per household, not per person. These plants must be grown out of public view and should be labelled with the owner's name, driver's license or ID number, and a note indicating that the plants are for personal use. Sharing marijuana or marijuana plants with other adults is also legal, provided no money is exchanged and the amount shared does not exceed one ounce.

Medical Use

Prior to the legalization of recreational marijuana, Virginia had already taken steps to permit the medical use of cannabis. The state’s medical marijuana program continues to operate under the oversight of the Virginia Board of Pharmacy. Patients with valid medical conditions can obtain a recommendation from a registered practitioner to access cannabis products from licensed dispensaries. This program remains crucial for individuals who rely on marijuana for medical relief.

Commercial Sale and Distribution

While possession and personal cultivation are legal, the commercial sale and distribution of recreational marijuana are not yet permitted. The Virginia General Assembly has set a target of January 1, 2024, to begin retail sales. Until that date, individuals cannot legally purchase marijuana from any commercial retailer within the state. The establishment of regulatory frameworks for licensing, taxation, and compliance is still underway.

Employment and Marijuana Use

Despite the changes in state law, employers in Virginia maintain the right to enforce drug-free workplace policies. Employees are advised to understand their employer's stance on marijuana use, as testing positive for marijuana could still result in disciplinary actions or job termination. Employers can prohibit the use and possession of marijuana on company property and during work hours.

Federal Law and Travel Considerations

Although recreational marijuana use is legal in Virginia, it remains illegal under federal law. Crossing state lines with marijuana, even to or from states where it is legalized, is prohibited. Airports and federal buildings also adhere to federal laws, where possession of marijuana can result in significant penalties. Travelers should exercise caution and ensure compliance with the laws of their destination state and federal guidelines.

Penalties for Violation

Violating Virginia’s marijuana laws can lead to fines and other legal consequences. Possession of more than one ounce but less than one pound of marijuana can result in a $25 civil penalty, while possession of more than one pound is considered a felony, carrying harsher penalties, including potential jail time and larger fines.

Understanding Virginia’s marijuana laws is crucial for residents and visitors to stay within the bounds of the law. As the regulatory environment continues to evolve, staying informed about the latest legal updates and changes is essential.