United States

Virginia’s Marijuana Laws Explained: Legal to Possess, but No Stores Yet

Virginia is among the growing number of U.S. states that have legalized marijuana for recreational use. But while possession and home cultivation are permitted, retail sales of recreational cannabis remain illegal—for now.

Here’s a breakdown of what Virginians can and can’t legally do with marijuana in 2025.

What’s Legal in Virginia

1. Possession

Adults aged 21 and older are allowed to possess up to one ounce (28 grams) of marijuana in public. This change came into effect following the passage of Virginia’s marijuana legalization law in July 2021.

  • Possession of more than one ounce but less than one pound is considered a civil offense, punishable by a fine.
  • Possession of over one pound is a felony, which could lead to imprisonment.

2. Home Cultivation

Virginia residents are permitted to grow up to four marijuana plants per household, regardless of how many adults live in the home.

  • Plants must not be visible from a public street.
  • They must be tagged with the grower’s name and driver’s license or ID number.
  • They must be kept out of reach of individuals under 21.

3. Medical Marijuana

Medical cannabis has been legal in Virginia since 2020. Patients with a valid medical certification from a registered practitioner can purchase cannabis products at licensed dispensaries.

As of 2022, patients are no longer required to register with the Virginia Board of Pharmacy. They only need a written certification from a registered medical provider.

What’s Still Illegal in 2025

1. Retail Sales of Recreational Marijuana

Although lawmakers in the Virginia General Assembly passed legislation to create a framework for recreational cannabis sales, Governor Glenn Youngkin vetoed the bill in March 2025, citing public health concerns and lack of regulatory readiness.

This means there are no legal retail outlets where Virginians can currently purchase marijuana for recreational use.

2. Public Consumption

Using marijuana in public spaces—including streets, parks, or sidewalks—remains illegal and subject to fines. It is also prohibited to consume marijuana while operating or riding in a motor vehicle.

Enforcement and Penalties

  • Driving under the influence of marijuana remains a criminal offense.
  • Selling or distributing marijuana without a license is still illegal.
  • Underage possession (under 21) is strictly prohibited.

The Retail Market: What’s Next?

Many advocates had hoped that retail cannabis sales would begin in 2024 or 2025, especially after the General Assembly approved legalization. However, Governor Youngkin’s veto of the retail sales bill means the launch of Virginia’s legal cannabis marketplace has been delayed indefinitely.

While the Cannabis Control Authority (CCA) exists to regulate future sales, it currently lacks authority to oversee recreational retail distribution.

Summary: What Virginians Need to Know

ActivityLegal?Notes
Possession (up to 1 oz)✅ LegalFor adults 21+
Home cultivation (up to 4 plants)✅ LegalMust be private and labeled
Recreational retail purchase❌ IllegalNo licensed stores yet
Public consumption❌ IllegalSubject to fines
Medical cannabis✅ LegalCertification required

Final Thoughts

Virginia has taken significant steps toward cannabis legalization, joining a wave of reform across the U.S. But without a legal retail market, adult-use consumers are left in a gray zone—allowed to possess and grow marijuana but not purchase it legally.

Lawmakers and the public alike will be watching closely to see if 2026 brings further changes or compromises in the state’s evolving cannabis policy.

This article has been carefully fact-checked by our editorial team to ensure accuracy and eliminate any misleading information. We are committed to maintaining the highest standards of integrity in our content.

Leave a Comment