Virginia's journey toward cannabis legalization has been a slow process, with recent delays raising questions about the future of recreational cannabis in the state. Here’s a detailed look at the current state of Virginia cannabis laws, why there are delays, and what this means for residents and budding cannabis entrepreneurs.
Is Cannabis Legal in Virginia?
Yes, cannabis is legal in Virginia for recreational and medical use. On July 1, 2020, possession of less than one ounce of cannabis was decriminalized and made a civil offense punishable by a $25 fine. The following year, personal use became completely legal.
When Was Recreational Cannabis Legalized in Virginia?
In July 2021, Virginia became the first Southern state to legalize recreational cannabis, allowing adults aged 21 and older to legally possess up to one ounce of cannabis. Retail sales were set to begin on January 1, 2024. However, the state has yet to finalize the legal structure that will regulate the commercial sale of recreational cannabis, creating a gap between legalization and accessibility.
Why Are There Delays in Opening Recreational Cannabis Dispensaries?
The delays in opening recreational dispensaries in Virginia stem from ongoing political disagreements and regulatory challenges. The Virginia General Assembly has been slow to finalize the regulatory framework necessary to govern the sale of recreational cannabis. These delays have been exacerbated by changes in the state’s political leadership, which have led to shifts in priorities and stalled progress on cannabis legislation.
The current Governor, Glenn Youngkin, has indicated that he is not interested in moving further toward recreational cannabis legalization as he believes it endangers the health and safety of his citizens. While the Virginia House and Senate moved to allow legal recreational sales to commence on May 1, 2025, they failed to get it past the governor’s desk. Governor Youngkin vetoed the bill on March 28, 2024.
What Does This Mean for People Living in Virginia?
For residents and those hoping to open dispensaries in the state, current Virginia cannabis laws present a unique challenge. While it’s legal to possess and use recreational cannabis, there are no legal avenues for purchasing it within the state. Citizens who are not eligible for the medical cannabis program are left to grow their own cannabis at home or purchase it illegally, opening them up to the possibility of criminal prosecution.
How Do Most Virginians Feel About Legalization?
Public opinion in Virginia has consistently shown strong support for cannabis legalization. Polls indicate that 68% of Virginia voters backed the legalization of recreational cannabis, driven by both economic potential and social justice considerations. This support was crucial in the decision to legalize possession in 2021 and will continue to influence the development of the market.
Where Can Virginians Buy Cannabis Legally?
Currently, legal retail sales are only permitted by licensed dispensaries to medical patients. If you have a qualifying condition, you can find a practitioner and get certified for the medical cannabis program.
Will Medical Dispensaries Automatically Be Allowed to Sell Recreationally in Virginia?
Virginia's medical cannabis dispensaries currently operate under a limited number of licenses. Whether these dispensaries will be permitted to sell recreational cannabis is still under consideration. The Virginia Cannabis Control Authority may allow existing medical dispensaries to apply for dual licenses, potentially streamlining access to recreational cannabis. However, the details are yet to be confirmed.
When Will Recreational Dispensaries Open in Virginia?
With the opening of recreational dispensaries in Virginia continuing to be delayed, the earliest possible date is now projected to be late 2025.
When Will Recreational License Applications Open?
The application process for recreational cannabis licenses in Virginia will begin once the regulatory framework is in place, possibly in mid to late 2025. The process may be competitive, with a focus on ensuring equity and diversity within the industry, but details are still emerging.
What Will Be the Cost of a Recreational License?
The cost of obtaining a recreational cannabis license in Virginia is currently set at a $10,000 non-refundable application fee and a $60,000 initial permit fee, reflecting the lucrative potential of the market.
What Are the Associated Taxes for Cannabis Sales?
One 2023 report estimates that $2.4 billion worth of cannabis is sold in Virginia illegally per year. The establishment of legal recreational cannabis dispensaries could capture much of this revenue and applicable taxes. Virginia is expected to implement both state sales tax and excise tax on recreational cannabis. The exact tax rates are still under discussion, but they are anticipated to contribute significantly to state revenue.
The most recent bill to allow recreational cannabis sales that was approved by the House and Senate had set a tax rate of 11.625%. This is the bill that was vetoed by Governor Youngkin, but it is expected that future attempts will carry the same or a similar tax rate.
How Much Cannabis Can You Possess in Virginia?
Cannabis possession in Virginia is limited to the following amounts:
- Possession for personal use by adults 21 or older at their residence is not subject to penalty or limitation as long as the number of plants allowed is not exceeded.
- Public possession by adults 21 or older of up to one ounce.
- Purchases by medical cannabis patients at Virginia medical dispensaries are determined by the limits set by their physician.
How Much Cannabis Can You Grow at Home?
Virginia cannabis laws set the following guidelines for home cultivation of cannabis:
- Four plants at an individual’s primary place of residence are allowed.
- Each plant must be tagged with the name of the grower, their driver’s license or state ID number, and a notation that it is for personal use only.
- No plants can be visible to the public without the use of enhanced optical aids such as binoculars or overhead aircraft.
- Plants must not be accessible to anyone under the age of 21.
- All plants may be grown inside the home or within a secured area outside as long as it meets the above criteria. However, landlords are allowed to set rules against cultivation for rental properties.
Can You Bring Cannabis Into Virginia From Other States?
While Virginia residents might consider bringing cannabis from other states where it is legally sold, this is illegal under federal law. Transporting cannabis across state lines remains a federal offense, even if both states have legalized cannabis.
Can You Share Cannabis with Someone Else?
Yes. You can gift or share up to one ounce of your cannabis with another adult who is 21 or older in private as long as there is no form of compensation. This includes flower, seeds, or plant starters.
Can I Be Fired From Work For Using Cannabis?
Yes. Limited employment protections are only extended to registered medical cannabis patients.
Conclusion
Virginia's path to fully implementing recreational cannabis legalization is fraught with delays and challenges. While the state has legalized possession, the lack of a regulated market means residents have few legal options for purchasing cannabis. As Virginia cannabis laws continue to take shape, residents and businesses should stay informed about the latest developments in order to be prepared for the eventual opening of recreational dispensaries.
