Virginia Medical Marijuana Laws

Virginia medical marijuana laws have changed a lot over recent years and some of them can be confusing if you aren’t clear on what they mean. As marijuana becomes decriminalized and more accessible to residents throughout the state, it’s important to fully understand what it permitted and what is still illegal when it comes to Virginia MMJ laws.

So, is marijuana legal in Virginia? Let’s find out.

  • Is Medical Marijuana Legal in Virginia?

    As of July 2020, medical marijuana is legal in the state of Virginia. In order to purchase medical marijuana, Virginia citizens must receive a medical marijuana license. From there, they can make purchases of medical marijuana at any of the dispensaries open throughout the state. In order to receive a medical marijuana license, Virginia citizens must receive a certification that they have been diagnosed with a qualifying medical condition by a Board of Pharmacy-registered physician. From there, they can fill out the application. As of 2021, medical marijuana users will no longer receive a physical card unless they have a reason for one. Instead, they will simply receive an email verifying their qualifying conditions.

    In order to qualify for medical marijuana, Virginia citizens must be diagnosed with one of the following ailments:

    Once in possession of a medical marijuana license in Virginia, you can go to a medical dispensary. In Virginia, a legal dispensary is the only place to purchase medical marijuana. They do recommend preregistering at your dispensary of choice to make your wait time shorter. If you need to locate a dispensary, simply Google “dispensary in Virginia closest to me” to find one!

  • Are Edibles Legal in Virginia?

    In Virginia, any formulation of medical marijuana is legal to be dispensed, per SB1557. This law includes edibles as a legal form of medical marijuana in Virginia. If you have a medical marijuana license in Virginia, you are able to buy your preferred formulation of cannabis, including pills, oils, gels, creams, lozenges, patches, suppositories, edibles, tinctures, and more.

    The most recent formulation of medical cannabis in Virginia is botanical cannabis, which became available to patients in the fall of 2021.Also, while CBD is legal in Virginia, that isn’t the only form of cannabis that you can purchase in Virginia. All medical products can contain up to ten milligrams of THC per dose and there are currently no limits to dosage. It’s based on your doctor’s recommendations.

  • Virginia Cannabis Regulations

    Beginning in July 2021, the regulations for marijuana became confusing for many citizens to understand prompting many questions regarding cannabis in the state of Virginia. While for adults, medical marijuana was legal in VA for a year prior, now medical legality in Virginia is widened for those 21 and older.

    Adults 21 and older are able to possess up to one ounce of cannabis for their personal use. These adults are able to use marijuana recreationally in their private residences. However, marijuana is still illegal for those under 21 and it is still illegal to sell or distribute cannabis. Medical marijuana must be purchased through a business with a valid Virginia dispensary license.

    When using marijuana for any reason, adults may not operate a motor vehicle or be publicly intoxicated, in order to keep the public’s safety a priority.

    While that may seem straightforward, it gets more complicated from here. All non-medical sales of marijuana are still illegal throughout the state of Virginia. If you can’t purchase marijuana but you’re legally allowed to possess up to an ounce of it, you may be wondering how you’re supposed to come to obtain said cannabis.

  • Growing Marijuana in Virginia: Laws

    If you’re looking for a simple way to have your own marijuana, you may be considering joining the growing list of Virginia cannabis growers. While this is a great option on paper, looking at the fine print of growing legal marijuana in VA shows that this is a complicated process as well.

    It is legal to grow your own cannabis in Virginia if it’s for personal use. However, it’s still illegal for anyone to sell or purchase seeds to residential growers. In order to purchase seeds, one must have a cultivation license in Virginia, which requires them to grow for retail purposes.

    However, if you are looking for how to become a commercial grower with a cultivation license in Virginia, then you need to follow the application process.

  • How Do You Get a Growers License in Virginia?

    In order to receive a growers license in Virginia, you must follow the full application process. This Virginia cannabis cultivation license allows for the cultivation, labeling, and packaging of retail marijuana in the state of Virginia.

    There are two different types of cultivation licenses in the state:

    ·   Class A licenses have a cap on the number of plants a grower can have as well as the size of the farm

    ·   Class B licenses only allow for the cultivation of marijuana plants with less than one percent THC

    It’s important to know which license you want to apply for before beginning the process.

    If you would like to grow cannabis commercially, you must fill out the application and pay the required fee at the time of application. If you’re looking to grow for recreational purposes, note that you won’t be able to begin growing until July 2024 at the earliest.

    In addition to filing an application, there are a couple more steps applicants must take:

    ·   Have the proposed farm inspected by the Department of Agriculture and Consumer Services

    ·   Post a notice of application on the front door of every building proposed to be engaged in the business

    ·   Publish a notice once a week for at least two weeks in a local newspaper about the proposed business

    ·   Pass a background check

    As of now, there will be no more than 450 cultivation licenses in Virginia at any given time, so if you would like to apply, the sooner you start the process, the better.

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  • How Much Weed Can You Grow in Virginia?

    If you are a commercial cultivator, you are limited to the amount that your contract states at the time of approval. However, if you are a residential user and would like to grow your own plants, you need to know the laws there.

    For personal use, any household with a member aged 21 or older can grow up to four marijuana plants. These plants must all be tagged with the owner’s name, their state ID number, and the words “for personal use.” It’s also a requirement to keep the plants from being visible to the public and out of reach for anyone under the age of 21.

    If you own rental property, you are allowed to restrict marijuana growth on your property if you desire. It’s also important to note that you may only grow your allotted plants at your primary residence. Failure to follow these regulations is illegal and can lead to criminal penalties.

  • Penalty for Possession of Weed in Virginia

    In April of 2021, it was decided that possession of marijuana in Virginia would be decriminalized, which many see as a step towards full legalization of recreational use. If a person has an ounce or less there is no penalty at all. If a person is found with between an ounce and a pound of marijuana, it is considered a civil violation, which can lead to a fine of up to $25. However, there will be no criminal record.

    These laws are relevant only to citizens of Virginia who are 21 or older. Anyone under 21 is not allowed to have any amount of marijuana on their person. Also, any amount over one pound of marijuana gets into the realm of selling or trafficking which is still illegal throughout the state.

    You are not allowed to sell the marijuana you possess, but you are legally allowed to share with adults 21 and older as long as it’s less than an ounce and there are no funds traded for the marijuana.

  • Takeaway

    Virginia’s laws regarding the legalization of marijuana have changed drastically over the last two years. Because of these changes, it can be overwhelming to figure out what is legal and what isn’t. Medical marijuana is legal as long as you have medical permission from a physician who is certified to make the determination.

    When it comes to recreational use, possession has been decriminalized, but it is still illegal to purchase for recreational use. Likewise, it is legal to grow your own plants, but it is illegal to purchase the seeds in order to do so. Because of these inconsistent laws and requirements, many Virginia citizens can become frustrated when trying to follow the state’s laws.

    There is an ongoing push to fully legalize all marijuana usage for adults 21 and over. If nothing else, there’s hope to make it legal and easy to purchase seeds to grow your own marijuana plants, so people don’t resort to purchasing black market seeds which can be dangerous.

    Regardless of how the laws continue to change, it is crucial to stay up-to-date on the regulations for medical marijuana throughout the state of Virginia so you can make sure you are always in compliance with the rules.

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