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Marijuana & Hemp
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Here is the new Law in Virginia concerning Marijuana

Legal

  • Adults 21 years and older may possess not more than one ounce of cannabis on his person or in any public place.
  • Generally, adults 21 years and older may use marijuana in private residences. However, nothing prohibits the owner of a private residence from restricting the use of marijuana on its premises.
  • Adults 21 and over may grow up to four plants per household (not per person), according to specified requirements (see “Home Cultivation” below).
  • “Adult sharing” or transferring one ounce or less of marijuana between persons who are 21 years or older without remuneration is legal. “Adult sharing” does not include instances in which
    1. marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
    2. a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
    3. a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
Illegal
  • With the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee’s marijuana establishment, any person who possesses on his person or in any public place
    1. more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and
    2. more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
  • It remains illegal for anyone under the age of 21 to consume, purchase, or possess marijuana, or to attempt to consume, purchase or possess any amount of marijuana.
  • It remains illegal to distribute or sell marijuana, and/or to possess any amount of marijuana with the intent to distribute or sell it. This prohibition applies equally to businesses, which will not be permitted to sell, “gift,” or in any other way distribute marijuana.
  • Existing safety measures remain in place, including prohibiting use of marijuana while driving a motor vehicle or while being a passenger in a motor vehicle being driven; possessing marijuana on school grounds, while operating a school bus, in a motor vehicle transporting passengers for hire, or in a commercial vehicle.
  • It remains illegal to consume marijuana or offer marijuana to another person in any public place.

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Home Cultivation

Note that throughout the “Home Cultivation” section, “marijuana” refers only to the marijuana plant and not to products made with marijuana.


  • “Home Cultivation” became legal on July 1, 2021. Adults 21 and over may now grow up to four marijuana plants per household (not per person), for personal use. Plants can be grown only at your main place of residence.
  • Someone who grows plants must:
    •  ensure that no plant is visible from a public way;
    •  take precautions to prevent unauthorized access by persons younger than 21 years of age; and
    •  attach to each plant a legible tag that includes
      1. the person’s name,
      2. driver’s license or ID number, and
      3. a notation that the marijuana plant is being grown for personal use as authorized by law.

  • No. Individuals who sell marijuana, or who possess with the intent to sell it, are subject to misdemeanor or felony charges, depending on the amount of marijuana involved.
  • On July 1, 2021, “adult sharing,” or transferring one ounce or less of marijuana between persons who are 21 years or older without remuneration, became legal.
  • “Adult sharing” does not include instances in which:
    1. marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
    2. a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
    3. a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.

To obtain cannabis for medical purposes, a patient must have both (a) an unexpired written certification issued from a board-registered practitioner and (b) a current active patient registration issued by the Board of Pharmacy. As of July 1, 2022, patients are no longer required to have an active patient registration issued by the Board of Pharmacy. However, if you wish to obtain a physical medical cannabis card, you will need to complete an application with the Virginia Board of Pharmacy. You can find more information by visiting the Department of Health Professions: Board of Pharmacy’s website.


The Code of Virginia allows for five pharmaceutical processor permits, one in each health service area established by the Department of Health to cultivate, process, and dispense medical cannabis to registered patients. Currently, four of the health service areas have a permitted pharmaceutical processor and applications for the fifth permit were accepted through a Request for Application process from September 25, 2020 to December 4, 2020.  No additional applications are being accepted. You can find more information about Virginia’s medical cannabis pharmaceutical processor program by visiting Department of Health Professions: Board of Pharmacy.

 
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