Virginia Marijuana Laws

Is Medical Cannabis Legal in Virginia?

Yes. Medical cannabis is legal in Virginia for specific medical conditions, but only if you have a valid written certification from a registered medical marijuana doctor.

When Did Virginia Legalize Medical Cannabis?

Virginia’s medical marijuana program has undergone significant developments in recent years.

In 2017, the state passed a law allowing patients with intractable epilepsy to access CBD or THC-A oil. The following year, the program was expanded to allow any medical condition to qualify, and subsequent improvements were made in 2019 and 2020, making Virginia the 34th state to have a comprehensive medical cannabis law.

In 2021, the General Assembly continued to build on this progress by passing legislation that added whole-plant cannabis to the program and protected patients from being fired or disciplined by their employers for using medical cannabis outside of work. These changes reflect Virginia’s ongoing efforts to expand access to medical marijuana and provide greater protections for patients.

Who Is Eligible For Obtaining Medical Cannabis In Virginia?

In Virginia, residents who are older than 18 and have been diagnosed with a qualifying medical condition by a healthcare practitioner who is registered with the Virginia Board of Pharmacy are eligible to obtain medical cannabis.

Driving With Marijuana

It is against the law to drive while under the influence of marijuana, as it can impair driving ability. Additionally, neither the driver nor any passengers should consume or possess open containers of marijuana while the vehicle is in motion.

Can I have medical marijuana in my car?

If transporting cannabis, it should be properly sealed in a container, preferably in the trunk or the back of the last upright seat position of the vehicle, to keep it out of reach of the driver. These measures help ensure the safe and responsible use of marijuana while on the road.

Adult Sharing Of Marijuana

Under Virginia law, adults who are 21 years old and above are permitted to share up to one ounce of marijuana with other adults in private. However, there can not be a transaction including payment between two individuals.

Can I Grow My Own Cannabis?

Yes. In Virginia, individuals who are 21 years old or above are allowed to grow up to 4 marijuana plants for personal use at their primary place of residence. Here are the guidelines you’ll need to follow:

The cultivation of marijuana plants outside of one’s primary place of residence is prohibited.
Marijuana plants should not be visible to the public, and precautions should be taken to prevent unauthorized access by people under the age of 21.
Each plant should be labeled with the individual’s name and a statement indicating that it is for personal use.

The manufacturing of marijuana concentrate from home-cultivated marijuana is not allowed, and the owner of the property cannot allow others to manufacture marijuana concentrate on their premises. Failure to follow these guidelines can lead to a penalty or fine.

Where Can I Legally Buy Cannabis In Virginia?

You can only purchase medical marijuana from a state-licensed dispensary.

Can I Use Cannabis In Public?

No, it is illegal to use cannabis in public in Virginia, even if you have a valid medical marijuana card. Virginia law prohibits smoking or consuming cannabis in any public place, including on the street, in parks, or in vehicles. You can only use cannabis in your own residence.

Can I Be Fired For Being A Medical Marijuana Patient?

No. Virginia has taken a significant step toward medical marijuana patients’ rights by passing HB 1862 on March 29, 2021. Governor Ralph Northam signed the bill, which prohibits employers in Virginia from firing, disciplining, or discriminating against an employee solely based on their status as a registered medical marijuana patient. The law aims to protect registered qualifying patients for the use of medical cannabis oil from employment discrimination. However, it’s crucial to note that the law does not extend to recreational marijuana use, and employers may still take action against an employee who uses medical cannabis oil while at work or who is impaired on the job.

Do I Have To Tell My Landlord I Am A Medical Cannabis Patient?

In Virginia, there is no legal requirement for medical marijuana patients to inform their landlords about their status as a patient. However, it’s important to note that the use of medical cannabis is only legal with the permission of your landlord, and they may choose to evict you if they are not comfortable with it. Therefore, it is recommended that you consult your lease agreement and your landlord’s policies before using medical marijuana on their property.

How Can I Register As A Medical Cannabis Patient In Virginia?

You are no longer required to register with the Board of Pharmacy in order to obtain medical cannabis products, but it is necessary to obtain a valid written certification from a licensed medical marijuana doctor, which confirms you have a qualifying medical condition.

Is A Registration Card Optional In Virginia?

Yes. As of July 1, 2022, medical cannabis patients in Virginia, as well as their parents or legal guardians, are no longer required to register with the Board of Pharmacy in order to obtain medical cannabis products. However, a valid written certification for the use of medical cannabis from a registered cannabis doctor will still be required, along with a government-issued ID, to purchase medical cannabis products at a licensed dispensary in Virginia. Patients are no longer be required to show proof of registration with the Board of Pharmacy at the dispensary.

Does Virginia Allow Reciprocity?

Virginia currently does not recognize or allow medical marijuana card reciprocity with other states. This means that individuals with out-of-state medical marijuana cards cannot use them to purchase medical marijuana products in Virginia.
If someone wants to use medical marijuana in Virginia, they need to have a Virginia medical marijuana card.

However, temporary residents of Virginia who are registered medical marijuana patients in another state can apply to the Virginia Board of Pharmacy for approval to use medical marijuana products in Virginia for up to 90 days. It’s important to note that this process requires approval from the Board of Pharmacy and is only available to individuals who are registered medical marijuana patients in another state.

What Type Of Products Are Allowed In VA?

You can obtain:

4 ounces of “botanical” cannabis in a 30-day period
Cannabis extracts that contain at least 5 milligrams of CBD or THC-A and no more than 10 milligrams of THC per dose This includes:
- Capsules
- Sprays
- Tinctures
- Oils
- Creams
- Gels
- Lozenges
- Patches
- Troches
- Suppositories
- Inhalation products