Virginia Marijuana Laws

Current Legality State
Fully Legal
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Virginia State Information Page

  • Medical and recreational use is legalized.
  • Decriminalized statewide for personal use
  • Adult residents may possess an ounce of cannabis
  • Cultivation of up to four marijuana plants per residence is allowed
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Medical Cannabis Savings

Taxes explained and the benefits of getting your medical card in Virginia

Recreational Marijuana Taxes in Virginia

26.3% (21% excise + 5.30% sales tax)

Medical Marijuana Taxes in Virginia




Estimated Savings Having a Medical Marijuana Card
Up to 21%

Marijuana legalized for recreational use in Virginia in 2021 for adults, and medical marijuana has been legal since the 1990s for patients with glaucoma or cancer. That program is now expanded significantly. 

State Laws and Offenses

Here’s a list of penalties for Virginia possession, sale, and distribution of marijuana, concentrate, or other marijuana-related offenses.

  • Marijuana is a Schedule I substance in the state of Virginia
  • Per federal law, cannabis is still considered a Schedule I Controlled Substance.
  • According to the Cannabis Control Act, An adult resident may possess up to one ounce of cannabis for personal use. 
  • “Adult sharing” of up to one ounce of marijuana or an equivalent amount of marijuana products between persons who are 21 years of age or older without remuneration is permitted under the new law.
  • Possession of a large quantity of marijuana is not proof of intent to distribute alone. Distributing more than one ounce of marijuana, but less than five pounds is a felony, punishable by at least one year but not more than 10 years in jail.
  • Any person who sells or possesses with intent to sell drug paraphernalia, knowing that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, inhale, or otherwise introduce into the human body marijuana is guilty of a misdemeanor, punishable by no more than one year in jail and a fine of no more than 2,500 USD.
  • An adult over 21 may cultivate up to four plants per residence. 
  • Virginia now participates in a Cannabis Equity Reinvestment Fund to help those communities greatly impacted by Virginia laws on marijuana legalization.

Virginia allows patients with the following conditions to apply for a medical cannabis card:

  • Amyotrophic Lateral Sclerosis (ALS),
  • Anxiety
  • Autism
  • Cachexia and wasting syndrome,
  • Cancer
  • Crohn’s Disease
  • Chronic Pain
  • Epilepsy and other seizure disorders
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • Huntington’s Disease
  • Inflammatory Bowel Disease (IBD)
  • Multiple Sclerosis (MS)
  • Parkinson’s Disease
  • Post-Traumatic Stress Disorder (PTSD)
  • Sickle Cell Anemia
  • Tourette Syndrome
  • Any other diagnosed condition or disease determined by the doctor to benefit from such use.


Book An Appointment

You will schedule an online appointment with a Leafy DOC medical marijuana doctor at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.



Consult with a doctor for 15 minutes to evaluate your ailments, and ask any questions you may have about medical marijuana treatment.



Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Virginia to complete the registration process.

Does Virginia accept out-of-state medical cards?

Virginia does not accept out-of-state medical cards.

When does my Virginia medical card expire?

Medical cards expire one year from the date the patient completes the registration process with the state.

Virginia marijuana DUI laws

Here are the criminal penalties in Virginia for driving under the influence: 

  • The first offense is a misdemeanor, a 250 USD fine, and up to ten days in jail if the blood alcohol level is above 0.15%, driver’s license revocation for one year.
  • The second offense can result in a mandatory minimum of twenty days in jail up to one year, a 500 USD fine, driver’s license revocation for three years.
  • A third offense is a felony, ninety-day minimum in jail, indefinite license revocation, and a minimum 1,000 USD fine.

Virginia marijuana growing laws

You must be 21 years or older and can grow up to four cannabis plants in your home. Any marijuana plant must be out of sight from the public.

Virginia public consumption laws

Virginia state law prohibits the use of cannabis in any public place, including for medical patients.  

Virginia city specific laws

The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.

Sixty-eight percent of VA voters approved recreational legalization for adults. 

Yes, Marijuana inhalation devices are legal and sold in dispensaries in the state of Virginia; however, smoking is not allowed in public spaces.

Yes. Adult residents are allowed to grow up to four plants in their own residence.

Yes. Virginia medical cannabis law requires all qualified patients to become registered medical cannabis patients with the state before using cannabis for medicinal purposes.

Requirements are as follows: 

Be 18 years of age or older

You must be able to provide proof of your VA residency

You must have a diagnosis that qualifies in Virginia

You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help.  We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card.

Yes, anxiety is a qualifying condition for a medical cannabis card in Virginia.

Cannabis Policy Reform Timeline

1979: medical cannabis was legalized for patients with glaucoma 

1998: cannabis laws were tightened and cannabis was legalized for chemotherapy patients

2015: Governor McAuliffe signed two bills to decriminalize cannabis oil for patients with epilepsy and provide safety from penalties by local law enforcement.

2018: The Virginia Board of Pharmacy approves five cannabis dispensary companies to participate in the medical cannabis program.

2020: Minor possession of cannabis was decriminalized; the first medical dispensary for retail sales opened

2021: Recreational use of marijuana possession and cultivation is legalized and is regulated by the Virginia Cannabis Control Authority.

Updated 6.14.2022