Is marijuana legal in Virginia?
Yes, it is legal to possess a small amount of marijuana if you’re 21 and older, but not to buy or sell it. You can grow your own or have a friend give you some.
It is illegal under federal law to transport marijuana across state lines, even if it is purchased in a legal state.
Buying and selling weed on the black market also remains illegal. The legislature has not authorized a legal retail market, so you cannot legally buy weed at a dispensary without a medical marijuana card. You also can not buy marijuana from stores that “gifts” you weed as part of a purchase of another item.
Recently, a few marijuana gift stores popped up in Southwest Virginia. Attorney General Jason Miyares issued an opinion saying the “gift” stores are illegal and police subsequently raided many of them.
You can read more about Virginia’s 2023 marijuana laws, including how to legally possess and share cannabis on the Virginia Cannabis Control Authority’s website.
What’s the difference between delta-8, delta-9, delta-10, hemp and marijuana?
These are all variations of cannabis. Cannabis contains different cannabinoids, like cannabidiol (CBD) and tetrahydrocannabinol (THC). THC is what produces a buzz or high. Typically when people talk about the THC in marijuana, they are talking about delta-9 THC.
Delta-8 and delta-10 are slightly different types of THC that are naturally found in much smaller amounts in marijuana.
Federally, hemp is defined as containing less than 0.3% of delta-9 THC. So delta-8 and delta-10 can be derived from hemp, and may be defined as hemp under federal law.
Each of these types of THC produces a high. The FDA issued a statement that delta-8 has serious health risks last year because it is not regulated by the FDA and producing it often involves the “use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace.”
Are delta-8 and delta-10 legal in Virginia?
Yes, but since a new law passed this summer, they cannot be bought or sold in Virginia, similar to marijuana.
Before this summer, delta-8 and other hemp derived products were regulated less strictly than marijuana and delta-9 THC, and were being sold in Virginia stores. In August state officials started handing out big fines to stores that continue to sell hemp products like delta-8 that produce a high.
Can you legally order delta-8 and delta-10 online?
No, Virginia’s new law makes it illegal to buy all THC products.
Virginia Department of Agriculture and Consumer Services spokesperson Mike Wallace told VPM that so far, officials have focused on businesses that have a physical presence in Virginia, but they anticipate addressing online retailers when they have more resources.
Because the federal definition of marijuana does not include delta-8 and delta-10, it is probably legal to purchase a delta-8 product in another state and transport it across state lines. However, the American Civil Liberties Union recommends against keeping marijuana in your car.
Is medical marijuana legal in Virginia?
Yes, if you have a medical marijuana card or a valid written certificate from a doctor, physician assistant or nurse practitioner, you can purchase marijuana in Virginia at a licensed dispensary.
But a recent report says few patients are going to dispensaries to fill their prescriptions because the prices are much higher than what they can find on the black market or out of state.
How many marijuana plants can you grow in Virginia?
You can grow up to four plants per household if you’re 21 or older.
Does Virginia have dispensaries for recreational use?
Not right now. But there will be another push in the next session of the General Assembly to create a legal retail market in Virginia, so Virginia could have legal dispensaries by 2024.
Currently, you cannot go to a dispensary in Virginia without a medical marijuana card.
How much marijuana can you have in Virginia?
You can have up to 1 ounce of marijuana in public. There is no limit on how much you can keep in your home, as long as it’s intended for personal use and not to distribute. (This is what those quantities of marijuana look like.)
Medical cannabis patients are permitted to purchase 4 ounces of botanical cannabis every 30 days.
Possessing between 1 and 4 ounces of marijuana in public is a civil penalty punishable with a $25 ticket. If you have more than 4 ounces but less than a pound in your home, that’s a Class 3 misdemeanor. If you have more than a pound, that’s a felony.
Can you drive with marijuana in your car in Virginia?
It’s not a good idea to keep marijuana in your car. According to the ACLU of Virginia:
Having an “open container” of marijuana like a plastic bag, jar, or Tupperware anywhere in the vehicle will give law enforcement reason to presume you consumed it while driving, which is punishable by a misdemeanor and up to $250 fine. If you drive a commercial motor vehicle like a truck, bus, trailer or taxi, keeping marijuana anywhere inside is punishable by a $25 fine.
It is also illegal to have cannabis in your car if you drive for Uber or another ride-share app, and is punishable with jail time and fines that range from hundreds to thousands of dollars.
Passengers in ride-share apps can have cannabis.
Can you smoke weed in public in Virginia?
Not legally.
Can you drive while high?
It is illegal to get high in a car, whether you are the driver or a passenger. It is illegal to drive impaired regardless of the substance.
Cardinal staffers Markus Schmidt and Dwayne Yancey contributed to this report.