Virginia Marijuana Laws

Introduction

Virginia Marijuana laws have undergone significant changes, marking a pivotal moment in the state’s approach to cannabis. As of July 2021, adults aged 21 and over can legally possess up to one ounce of marijuana and cultivate up to four plants at home. This shift towards legalization positions Virginia as a leader in the Southern United States, reflecting a growing acceptance of marijuana use. While recreational sales are anticipated to commence in 2024, the current legal framework allows for personal use and cultivation, setting the stage for a regulated market that aims to prioritize public safety and social equity.

Overview of Marijuana Laws

• Virginia legalized the possession and personal cultivation of small amounts of marijuana for adults 21 and older in July 2021. However, the legal framework for commercial sales is still being developed.

Recreational Marijuana Laws

• Current Status: Possession of up to one ounce of marijuana is legal for adults 21 and older. Personal cultivation of up to four plants per household is also permitted.
• How to Legally Obtain Recreational Marijuana: Currently, there is no legal way to purchase recreational marijuana in Virginia. Adults can grow their own plants or receive marijuana as a gift from another adult.

Medical Marijuana in Virginia

• Eligibility and Requirements: Patients with qualifying medical conditions can obtain medical cannabis products with a written certification from a registered practitioner.
• How to Obtain a Medical Marijuana Card: Patients must register with the Board of Pharmacy after receiving a written certification from a registered practitioner. Once approved, they can purchase products from licensed dispensaries.

Business Licensing for Marijuana Operations

• Types of Licenses Required: Virginia plans to issue licenses for cultivation, manufacturing, testing, and retail sales. However, the licensing process has not yet begun.
• Application Process: The Cannabis Control Authority will oversee the licensing process once it is established. Details of the application process are still being developed.

Taxation of Marijuana Products

• Sales Tax and Excise Tax: A 21% state tax is proposed on retail marijuana sales, in addition to the standard 5.3% sales tax. Local governments may add an additional 3% tax.

Recent and Upcoming Marijuana Legislation

• Recent Changes in the Law: Possession and home cultivation were legalized in July 2021. Automatic expungement of certain marijuana convictions was also enacted.
• Proposed Legislation and Potential Impact: The General Assembly is working on legislation to establish the regulatory framework for commercial sales, expected to begin in 2024.

Penalties for Violating Marijuana Laws

• Legal Consequences for Possession: Possessing more than one ounce but less than one pound is subject to a $25 civil penalty. Possessing more than one pound remains a felony.
• Penalties for Illegal Sales or Distribution: Distribution or sale of marijuana remains illegal and can result in significant fines and imprisonment.

Regulations for Marijuana Sales and Distribution

• Retail Sales Regulations: Regulations for retail sales are still being developed. They are expected to include age verification, product tracking, and testing requirements. Meanwhile, medical marijuana dispensaries are already operational in Virginia, operating under existing regulations.
• Distribution and Supply Chain Requirements: A seed-to-sale tracking system is anticipated to monitor the production and distribution of marijuana products.
• Compliance with State and Local Laws: Businesses will need to comply with both state regulations and any additional local ordinances once commercial sales begin. Medical dispensaries must adhere to strict guidelines, including patient registration verification, product quality control, and secure storage and handling procedures.

Personal Use and Possession Regulations

• Limits on Possession: Adults 21 and older can possess up to one ounce of marijuana in public.
• Public Use Restrictions: Consumption of marijuana in public places is prohibited and subject to civil penalties.

Hemp Business Legality in Virginia

• Legalization Date: Hemp was legalized in Virginia in March 2019.
• Licensing Requirements: Hemp growers, processors, and dealers must register with the Virginia Department of Agriculture and Consumer Services.
• Regulatory Compliance: Hemp businesses must comply with state regulations, including THC testing and reporting requirements.

Frequently Asked Questions

When will recreational marijuana sales begin in Virginia?

Recreational marijuana sales in Virginia are expected to begin in 2024. However, the exact date may change depending on legislative progress and the establishment of regulatory frameworks.

Can I go to a dispensary without a card in Virginia?

In Virginia, you cannot visit a dispensary without a valid written certification from a Board of Pharmacy-registered practitioner, as medical marijuana cards are no longer required. While possession of small amounts of marijuana is legal for adults 21 and older, there is currently no legal retail market for recreational cannabis. Therefore, only registered medical cannabis patients can access dispensaries.

Can I grow marijuana at home in VA?

Yes, adults 21 and older can grow up to four marijuana plants per household in Virginia. These plants must be kept out of public view and tagged with the grower’s name and driver’s license number.

In Virginia, is it legal to give marijuana as a gift?

Yes, adults 21 and older can gift up to one ounce of marijuana to other adults in Virginia. However, “gifting” schemes that attempt to circumvent sales regulations are illegal.

Can employers still drug test for marijuana in Virginia?

Yes, employers in Virginia can still drug test for marijuana and make employment decisions based on the results. The law does not protect employees from workplace policies regarding marijuana use.

Can I buy edibles in Virginia?

Edibles are legal for personal use and possession in Virginia. However, the sale of edibles is not yet permitted and regulations for commercial production are still being developed.

In Virginia, can I consume marijuana in public?

No, consuming marijuana in public places is prohibited in Virginia. Violation of this law can result in civil penalties.

Are there recreational dispensaries in Virginia?

No, there are currently no recreational dispensaries in Virginia. Only medical cannabis dispensaries are operational in the state.

How much marijuana can I legally possess in VA?

Adults 21 and older can legally possess up to one ounce of marijuana in public in Virginia. Possessing more than one ounce but less than one pound is subject to a civil penalty.

Can I bring marijuana purchased in another state into Virginia?

No, it is illegal to transport marijuana across state lines, even if it was legally purchased in another state. This is due to federal law, which still classifies marijuana as a controlled substance.

Are there restrictions on where I can use marijuana in Virginia?

Yes, marijuana use is restricted to private property. It is illegal to use marijuana in public spaces, in vehicles, or on federal land within Virginia.

Are dab pens illegal in VA?

Dab pens containing marijuana concentrates are not explicitly illegal in Virginia for adults 21 and older, as possession of up to one ounce of marijuana is legal. However, the sale and distribution of marijuana products, including dab pens, remains illegal outside of the state’s medical marijuana program.

Can I get my past Virginia marijuana conviction expunged?

Virginia has implemented an automatic expungement process for certain marijuana-related convictions. Eligibility depends on the specific offense and when it occurred, but many past convictions will be automatically cleared from records.

Conclusion

The evolving landscape of Virginia marijuana laws presents both opportunities and challenges for users and businesses alike. With personal possession and cultivation now legal, residents can engage with marijuana in a responsible manner. However, as the state prepares for the eventual rollout of commercial sales, it is crucial for individuals and businesses to stay informed about ongoing legislative developments. The future of Virginia marijuana will likely focus on creating a balanced regulatory environment that supports public health while fostering economic growth and social equity within the cannabis industry