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Breaking Down Virginia Marijuana Laws

Jan, 2022
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Virginia marijuana laws have been a hot topic since the state experienced a major turning point last year. In a state that hadn't seen adult-use cannabis until 2021, this opened up a lot of questions regarding marijuana regulations in the Old Dominion.

Is medical weed legal in Virginia? Recreational weed? Is growing marijuana in Virginia legal? 

Sometimes, all you need is a simple guide to determine what’s legal and what’s not. Elevate Holistics is here to help you become well-versed in Virginia marijuana laws and so much more.

Virginia marijuana laws

History of Virginia Marijuana Laws

The state saw progress with Virginia cannabis laws starting March 2017. At this time, Virginia enacted a law in which patients with intractable epilepsy could access CBD and THC-A oil.

March 2018: VA weed laws changed so that patients with any diagnosed condition or disease, not just epilepsy, could access CBD or THC-A oil.

May 2020: The state decriminalized simple possession of marijuana with a civil penalty of no more than $25 for more than an ounce, but less than a pound.

May 2021: VA legislation signed a bill that prohibited law enforcement officers from stopping, searching, or seizing a person or place if they believed to smell marijuana.

April 2021: Virginia became the first state in the South to begin the process of legalizing adult-use cannabis.

July 2021: Voters pass cannabis legalization in Virginia with guidelines. Adults 21 years and older can legally possess marijuana.

2022: The law's provisions, like bringing cannabis to Virginia and regulatory details, will be voted on again to re-enact them. This will not include Virginia’s cultivation or possession laws, but the state has yet to solidify these details.

LEARN MORE: Veterans Struggle to Gain Access to MMJ — Even in Legal States

Most importantly, VA residents want to know: is medical weed legal in Virginia? What about recreational weed? In 2020, Medical marijuana laws in Virginia expanded, making Virginia the 34th state with a comprehensive medical cannabis law

Now, as of July 1, 2021, marijuana is legal for adult use in Virginia – a huge accomplishment for the southern state. But there is still a long way to go for recreational consumers.

Legal:

  • Possession of marijuana in Virginia of up to one ounce by adults 21 and older for personal use 
  • Cultivation of up to four cannabis plants per household by adults 21 and older
  • “Adult sharing” or transferring up to one ounce of marijuana between persons who are 21 years or older without remuneration (money paid for work or a service)

Illegal:

  • Possession of more than one ounce of marijuana
  • Purchasing, possessing, or consuming any amount of marijuana under the age of 21
  • Distributing or selling marijuana, or possessing any amount of marijuana with the intent to distribute or sell it
  • Using marijuana while driving a motor vehicle or being a passenger in a motor vehicle that someone else is driving
  • Possession of marijuana on school grounds
  • Consuming marijuana or offering marijuana to someone in any public place

Retail Sales Versus Medical Marijuana Sales

For now, you can only purchase weed in Virginia with a medical card. VA weed laws allow patients with a medical marijuana card to purchase weed from local dispensaries. 

The Cannabis Control Authority, which regulates the marijuana industry, will not complete marijuana regulations or begin accepting applications for businesses before 2023. The state predicts that on January 1, 2024, legal retail sales to adults 21 and older will begin.

Since marijuana will not be sold recreationally for another two years, growing marijuana in Virginia or receiving it as a gift are some of the only options to obtain it for those without a medical card.

Cultivation Regulations

Can you grow weed in Virginia? Yes, home cultivation became legal on July 1, 2021.

As long as the plants aren’t visible from a public street and you take precautions to prevent unauthorized access by minors, you can grow up to four cannabis plants in your individual’s home. 

Most importantly, being cautious of the amount of weed in your possession is key to growing marijuana in Virginia. Growing up to four plants clashes with the possession limit of one ounce, as one plant could produce far more than that amount. So keeping an ounce or less of the plant on you in public is crucial to staying out of trouble.

How to Grow Marijuana in Virginia

Growing marijuana in Virginia requires that you tag each plant with the grower’s name, driver’s license or state identification number, and a notation that you're growing it for personal use. The law also prohibits making concentrate from home-grown marijuana. 

But, growing marijuana in Virginia is more complicated than that. There’s currently no legal way to purchase seeds or cuttings, but it is legal for you to gift them to others. 

Possession Limits

Virginia marijuana laws

When purchasing cannabis from a dispensary, you can possess up to 4 ounces of botanical cannabis every 30 days. For other cannabis products, the possession limit is a 90-day supply, which your dispensing pharmacist or certifying practitioner will outline.

Public possession of marijuana in Virginia of one ounce or less is legal. Thus, minor offenses exceeding this could result in a misdemeanor.

Is smoking weed a felony in Virginia? Adults caught with more than an ounce but less than a pound will face a $25 fine. However, adults found with more than a pound can be charged with a felony punishable by between one and 10 years in prison and a fine of up to $250,000.

Caregiver laws

Caregivers, or registered agents, are individuals who are designated by a patient or by a patient’s parent or legal guardian. Caregivers must first register with the Virginia Board of Pharmacy.

VA weed laws state that a caregiver may enter facilities on behalf of a patient with a written certification in order to retrieve the products recommended to the patient by his or her physician, nurse practitioner, or physician assistant. 

Qualifying Medical Conditions

Per Virginia marijuana laws, a plethora of conditions may qualify a patient for medical cannabis. Some common qualifications include: 

Need Your Virginia Medical Marijuana Card? Elevate Holistics Makes it Easy

So, is medical weed legal in Virginia? YES, so what are you waiting for? It’s time to book an appointment with Elevate Holistics and begin your medical marijuana journey.

Elevate will help you every step of the way, from connecting you with a trusted MMJ doctor for a simple telehealth appointment to even filling out your application with the state if you choose.

Safe, secure, and HIPPA compliant, book your appointment right here on our website.