Cannabis law in Virginia (2026)
Last reviewed: 9 October 2026
In short: Adults aged 21 or over in Virginia may possess up to two ounces of marijuana and grow up to four plants per household at their main residence. Retail sales are not yet lawful; licensed retail sales are due to start on 1 July 2027. Consuming marijuana in a public place is prohibited.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Permitted within limits [1] |
| Quantity limitsPersonal use by an adult | Adults aged 21 or over: up to two ounces of marijuana, or an equivalent amount of marijuana product, on the person or in a public place. [1] |
| Growing at homePersonal use by an adult | Permitted within limits [2] |
| Sale to consumersPersonal use by an adult | Prohibited [3] |
| Use or carrying in public placesPersonal use by an adult | Prohibited [4] |
| Medical cannabisPersonal use by an adult | Legal for medical use [5] |
| VisitorsPersonal use by an adult | Not addressed in the source [1] |
| Driving after cannabis usePersonal use by an adult | Driving while under the influence of any drug to a degree that impairs the ability to drive safely is unlawful. The fixed blood limits in the law cover alcohol, cocaine, methamphetamine, PCP and MDMA, not THC. [6] |
| Minimum agePersonal use by an adult | 21 years [1] |
Notes
- More than two ounces in public is subject to a civil penalty of up to $25. More than four ounces up to one pound on the person or in a public place is a class 3 misdemeanour (class 2 for a second offence); more than one pound is a felony. The misdemeanour and felony provisions do not apply to possession in the person's residence.
- No household may have more than four plants. Plants must not be visible from a public way, must be kept from people under 21 and must be tagged with the grower's name and identification number. Five to ten plants is a civil penalty of $250 on a first offence.
- Sale without a licence remains an offence until 1 July 2027. Section 4.1-802 provides for retail marijuana store licences and the Cannabis Control Authority lists the start of retail sales as 1 July 2027. Adult sharing of up to two ounces without payment is not penalised from that date (§ 4.1-1103).
- The civil penalty is up to $25 for a first offence, rising to up to $250 from 1 July 2027; a third offence is a class 4 misdemeanour. Carrying up to two ounces in public is lawful. Using marijuana while driving or as a passenger on a public highway is a class 4 misdemeanour (§ 4.1-1107).
- Section 4.1-1100 applies to 'a person 21 years of age or older' and sets no residency condition.
- The age applies to possession; Virginia has no licensed adult-use shops yet.
Sources
- Virginia General Assembly (Code of Virginia): Code of Virginia § 4.1-1100 - Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful (consulted 9 October 2026) · all sources
- Virginia General Assembly (Code of Virginia): Code of Virginia § 4.1-1101 - Home cultivation of marijuana for personal use (consulted 9 October 2026) · all sources
- Virginia General Assembly (Code of Virginia): Code of Virginia § 18.2-248.1 - Penalties for sale, gift, distribution or possession with intent to sell marijuana (consulted 9 October 2026) · all sources
- Virginia General Assembly (Code of Virginia): Code of Virginia § 4.1-1108 - Consuming marijuana or marijuana products, or offering to another, in public place (consulted 9 October 2026) · all sources
- Virginia General Assembly (Code of Virginia): Code of Virginia § 54.1-3408.3 - Certification for use of cannabis for treatment (consulted 9 October 2026) · all sources
- Virginia General Assembly: Code of Virginia § 18.2-266 Driving motor vehicle, engine, etc., while intoxicated, etc. (consulted 10 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Possession for personal use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
Virginia and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| Virginia | Legal for adults 21+ within limits | Up to 4 plants per household | No legal sales until 1 July 2027 | No consumption in public places | Practitioner certification | Not addressed (21+ only) |
| District of Columbia | Legal for 21+, up to 2 oz | Yes, up to 6 plants (3 mature) | No adult-use sale permitted | Banned in public places | Yes, licensed medical programme | Any adult 21+, no residency test |
| Kentucky | Class B misdemeanour, max 45 days | No (licensed cultivators only) | Trafficking is an offence | Patients only; no smoking, no vaping in public | Medical programme (KRS 218B) | Visiting patients 21+ with out-of-state card |
| Maryland | Legal for adults 21+, within limits | Yes: 2 plants per household | Licensed dispensaries only | Smoking banned in public places | Medical programme (card needed) | Out-of-state adults 21+ may buy |
| North Carolina | Illegal; criminal misdemeanour | Prohibited (felony) | No regulated market | ⚠ Not yet verified | No medical programme | ⚠ Not yet verified |
| West Virginia | Criminal offence (misdemeanour) | Prohibited | Prohibited (medical dispensaries only) | — | Certified patients, limited forms | — |
More rules in Virginia
- Car speed limitsBuilt-up areas: 25 mph; 35 mph elsewhere in towns · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 yrs 3 mths (provisional licence) · Earliest age to drive a car supervised: 15 yrs 6 mths (learner's permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class three: 14, or supervised
- FireworksConsumers may buy and use category F2 fireworks: No (only permissible fireworks)
- Knives and pepper sprayFolding pocket knives: Concealed list; folding knife not named · Locking or one-handed knives: Not named; "like kind" clause
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $12.77 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.