Virginia Marijuana Laws

Introduction

Virginia’s medical marijuana program, formalized under the Virginia Medical Cannabis Program and overseen by the Virginia Cannabis Control Authority (CCA), has evolved significantly since its inception in 2017. Initially limited to low-THC oils, the program expanded through legislative reforms to include a broader range of products and conditions. As of July 2025, Virginia offers a patient-friendly framework for medical cannabis access, balancing flexibility with strict oversight. This comprehensive guide covers eligibility, possession limits, dispensary regulations, and more to help patients, caregivers, and healthcare providers navigate Virginia’s medical marijuana laws. Start your journey with How to Get a Medical Card in Virginia.

History of Medical Marijuana in Virginia

Virginia’s medical marijuana program has progressed rapidly:

• 2015: The General Assembly passed legislation allowing limited use of CBD and THC-A oils for epilepsy.
• 2017: Senate Bill 1235 established the framework for medical cannabis, allowing registered practitioners to issue certifications.
• 2020: House Bill 1251 expanded the program to include any diagnosed condition, removing restrictive condition lists.
• 2021: Virginia legalized recreational marijuana, but the medical program remains distinct, with separate regulations for patients.
• 2023-2024: Updates streamlined certifications via telehealth and increased dispensary access.

These reforms reflect Virginia’s commitment to accessible medical cannabis. For qualifying conditions, see Medical Conditions That Qualify for a Card in Virginia.

Eligibility for Medical Marijuana in Virginia

Virginia’s medical cannabis program is notably flexible, prioritizing physician discretion:

• Qualifying Patients: Any Virginia resident with a written certification from a registered practitioner (physician, nurse practitioner, or physician assistant) can obtain a medical cannabis card. There is no predefined list of qualifying conditions; practitioners can certify patients for any condition they believe cannabis can treat, such as chronic pain or PTSD. Learn more about chronic pain relief in How Medical Marijuana Helps with Chronic Pain.
• Minors: Patients under 18 need a practitioner’s certification and a registered caregiver (typically a parent or guardian) who is 21 or older and registered with the CCA.
• Out-of-State Patients: Virginia does not offer reciprocity for out-of-state medical marijuana cards, meaning only Virginia residents with valid certifications can purchase from dispensaries.
• Certification Process: Patients must visit a CCA-registered practitioner for a written certification, which is submitted to the CCA’s online portal. Certifications cost $50 and are valid for one year. Patients receive a digital or physical card. If your application is denied, see What to Do If Your Virginia Medical Marijuana Application Is Denied.

Find a registered practitioner at Find a Doctor in Virginia.

Possession Limits for Medical Marijuana

Virginia’s possession limits are straightforward but tied to dispensary purchases:

• Patients: Patients can possess up to a 90-day supply of medical cannabis, as determined by their practitioner’s recommendation. Common limits include:
  • Up to 4 ounces (113 grams) of cannabis flower per 30 days.
  • No specific limits for non-flower products (e.g., oils, edibles, concentrates), but amounts are capped by the practitioner’s order.
• Caregivers: Caregivers can possess a 90-day supply per patient, serving up to four patients unless approved for more by the CCA.
• Storage: Cannabis must be kept in its original dispensary packaging to remain legal.

Cultivation Rules for Medical Marijuana

Virginia has strict cultivation regulations:

• No Home Cultivation: Patients and caregivers are prohibited from growing cannabis. All medical cannabis must be purchased from licensed dispensaries.
• Dispensary Cultivation: Only licensed pharmaceutical processors and cannabis dispensing facilities can cultivate cannabis, under CCA oversight with mandatory testing for contaminants like pesticides and mold.

Medical Cannabis Dispensaries

Virginia’s dispensaries, known as cannabis dispensing facilities, are tightly regulated:

• Number and Regulation: As of 2024, Virginia has six licensed pharmaceutical processors, each operating up to five dispensary locations across the state’s health service areas. Major providers include Green Thumb Industries and Columbia Care. The CCA ensures compliance with testing and labeling standards.
• Access: Only patients and caregivers with valid CCA certifications can purchase from dispensaries. Purchases are tracked via the CCA’s registry.
• Products: Dispensaries offer flower, oils, edibles, tinctures, and topicals. Products may benefit conditions like epilepsy, as discussed in Medical Marijuana and Epilepsy: How Does It Work?.
• Delivery: Some dispensaries offer delivery to patients’ residences, enhancing access.
• Taxation: Medical cannabis is subject to Virginia’s 5.3% sales tax, plus local taxes (up to 1%), but is often exempt from certain medical taxes.

Visit the Virginia CCA website for a dispensary list.

Caregiver Program

Caregivers support patients who need assistance with cannabis access or administration:

• Eligibility: Caregivers must be Virginia residents, 21 or older, with no disqualifying convictions. They register with the CCA for a $50 fee.
• Responsibilities: Caregivers can purchase, transport, or administer cannabis for patients, following practitioner recommendations.
• Patient Limits: Caregivers can serve up to four patients, with exceptions for special circumstances.
• Restrictions: Caregivers cannot consume patients’ cannabis or cultivate it.

Penalties for Violating Medical Marijuana Laws

Violations carry serious consequences:

• Excess Possession:
  • Over the 90-day supply: Misdemeanor, up to 30 days in jail and a $500 fine.
  • Large quantities (e.g., over 1 pound): Felony trafficking, with up to 7 years in prison and fines up to $250,000.
• Unauthorized Cultivation: Home cultivation is a misdemeanor, with up to 12 months in jail and a $2,500 fine.
• Sales Violations: Selling cannabis outside licensed dispensaries or without a caregiver registration is a felony, with penalties up to 7 years and $250,000.
• Minors: Providing cannabis to minors without certification is a felony, with severe penalties.

For a broader overview, see Virginia Marijuana Laws.

Federal Law and Medical Marijuana

Marijuana remains a Schedule I drug under federal law, illegal on federal property (e.g., national parks, federal buildings). Patients should avoid crossing state lines with cannabis. For travel guidelines, read Traveling with Medical Marijuana: What’s Allowed in Virginia.

Health and Safety Considerations

Responsible use is critical for patient safety:

• Physician Guidance: Consult a registered practitioner for appropriate products and dosages, especially for conditions like PTSD, as explored in Marijuana and PTSD: A Winning Combination or a Recipe for Disaster?.
• Edibles: Effects may take 30 minutes to 2 hours. Start with 5-10 mg THC and wait.
• Storage: Store cannabis in child-proof containers. Contact the Virginia Poison Center at 1-800-222-1222 or 911 for emergencies.
• Driving: Driving under the influence is illegal, with THC detection leading to DUI charges, including fines, license suspension, or jail time.

Recent Updates and Trends

Virginia’s medical cannabis program continues to evolve:

• Telehealth Certifications: Practitioners can issue certifications via telehealth, improving access in rural areas.
• Expanded Products: Flower became available in 2021, and edibles expanded in 2023, offering more options.
• Regulatory Oversight: The CCA, established in 2023, has strengthened compliance and testing standards.
• Equity Initiatives: Efforts to expunge past cannabis convictions aim to address historical inequities.

For more FAQs, visit Virginia FAQ.

Tips for Patients and Caregivers

1. Get Certified: Visit a CCA-registered practitioner and apply via the CCA portal. See How to Get a Medical Card in Virginia.
2. Choose Licensed Dispensaries: Buy from CCA-regulated facilities for safe products.
3. Avoid Cultivation: Home growing is illegal; rely on dispensaries.
4. Follow Dosage Guidelines: Start low and go slow, especially with edibles.
5. Travel Safely: Check Traveling with Medical Marijuana: What’s Allowed in Virginia.
6. Stay Informed: Visit the Virginia CCA website for updates.

Common Myths About Virginia Medical Marijuana Laws

• Myth: Any condition automatically qualifies for a medical card.
  • Fact: A registered practitioner must certify the condition’s eligibility.
• Myth: Patients can grow their own cannabis.
  • Fact: Home cultivation is illegal; only licensed processors can grow.
• Myth: Out-of-state patients can use their cards in Virginia.
  • Fact: Virginia does not offer reciprocity.

Conclusion

Virginia’s medical marijuana laws provide a flexible, patient-centered framework for accessing cannabis safely and legally. By understanding eligibility, possession limits, and dispensary regulations, patients and caregivers can maximize the program’s benefits. For more resources, explore Cannabis Med Cards Blogs or visit the Virginia CCA website. Have questions? Share them in the comments or contact a licensed dispensary for guidance!