Marijuana Laws in Virginia

Beginning July 1, 2021, possession of more than one ounce of marijuana is a civil violation. This is because, in April 2021, Virginia approved the recreational use of marijuana by those 21 years and older. However, it is still a crime to sell, manufacture, or traffic cannabis in the State of Virginia.

Previously, Governor Terry McAuliffe signed Senate Bill 1027 creating the state’s Limited CBD and THC-A Oil program. Under SB 1027, recommended patients may obtain products made from THC-A or cannabidiol (CBD) oil.

Patients require a doctor’s recommendation to qualify for the medical program. These cannabis extracts will contain no more than 5% THC (tetrahydrocannabinol) and at least 15% CBD.

Possessing Marijuana in Virginia

Possessing large amounts of cannabis in Virginia is decriminalized (beginning July 2021). The fines are as follows:

• 1 ounce or less = Legal
• Up to a pound  = Civil violation: $25 fine

Concentrates & Hashish

Virginia state lawmakers place concentrates and hash that contain under 12% THC by weight under the same definition as cannabis. This includes Hashish oil. See “Possessing Marijuana in Virginia” for penalty details.

Medical Marijuana

Qualifying patients can use Limited CBD and THC-A  products, such as oils, patches, and tinctures.  Each patient can possess a 90-day supply of oils at any given time.

Selling Marijuana in Virginia

It is a felony crime to traffic or sell cannabis in the State of Virginia. Related convictions are punishable as follows (as of July 1, 2021):

• Between 1 ounce to 5 pounds = Up to $2,500 fine and mandatory minimum sentence of 1 year to up to 10 years’ imprisonment
• Between 5 pounds to 100 kilograms = Up to $1,000 fine and mandatory minimum sentence of 5 years to up to 30 years’ imprisonment
• Over 100 kilograms = Up to $100,000 fine and mandatory minimum sentence of 20 years to up to life in prison
• To a minor 3 or more years younger = Up to $100,000 fine and mandatory minimum sentence of 2 years to up to 50 years’ imprisonment
• Within 1,000 feet of school bus stop or school = Up to $100,000 fine and mandatory minimum sentence of 1 year to up to 5 years’ imprisonment
• Transporting over 5 pounds in the state with intent to distribute = Up to $1,000,000 fine and mandatory minimum sentence of 5 years to up to 40 years’ imprisonment
• Maintaining fortified drug house = Mandatory minimum sentence of 1 year to up to 10 years’ imprisonment

Concentrates & Hashish

In Virginia,  concentrates and hash are treated the same as marijuana.

Paraphernalia

• Selling drug paraphernalia is a crime in the State of Virginia. Such crimes are punishable as follows:
• Possess with intent to sell or selling = Misdemeanor: Up to $2,500 fine and up to 12 months’ imprisonment
• Sell to a minor over 3 years younger = Felony: Up to $2,500 fine and up to 12 months’ incarceration
• Advertising to sell = Misdemeanor: Up to $2,500 fine and up to 12 months’ imprisonment
• Distributing printed material that knowingly advertises to sell. = Misdemeanor: Up to $2,500 fine and up to 12 months’ imprisonment
  

Growing and Manufacturing Marijuana in Virginia

Virginia law states that anyone who possesses cannabis with the intent to manufacture or manufactures cannabis is guilty of a felony crime. It’s punishable by a fine of up to $10,000. There’s also a mandatory minimum sentence of 5 years to up to 30 years’ imprisonment.

Personal growing of up to four plants is legal in this state (as of July 1, 2021). Plants must be kept out of view and clearly marked with an ID number or driver’s license number. Virginia has also legalized an industrial hemp program for plants with less than .3 percent THC.

Adult sharing

Adults 21 years of age or older may share marijuana products without remuneration. There must be no other transaction involved.

Virginia Hemp Law

In 2015, Virginia passed a Hemp Law under Senate Bill 955. This allows the Department of Agriculture and Consumer Services to regulate the cultivation of industrial hemp.  Virginia defines hemp as a variety of cannabis containing no more than 1% THC.

Medical Marijuana

Patients obtain CBD and THC-A oil from pharmaceutical processors.

Using Marijuana in Virginia

Senate Bill 1406 and House Bill 2312 approved the personal use of marijuana by adults 21 years and older in public. Commercial marijuana will arrive in 2024.

To participate in Virginia’s medical marijuana-like program, patients must obtain authorization from a physician. Then, they must apply for the program by enrolling through the state’s Department of Health.

Breaking the Marijuana Laws in Virginia

Virginia has decriminalized most marijuana activities except for sales of paraphernalia or marijuana trafficking. Most Paraphaneia sales are a misdemeanor with up to a year in jail.

Mandatory Minimum Sentence

If convicted of a crime that carries a mandatory minimum sentence, the presiding judge cannot issue a sentence less than the minimum amount. No probation will be granted until at least this amount of time has been fully served.

Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]

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