Marijuana is legal for adults (no sales); medical marijuana law
Updates
Last update: May 12, 2025
Gov. Youngkin vetoes legal cannabis sales bill again in 2025
In 2021, Virginia became the first state in the South, and the 17th in the nation, to legalize cannabis for adults. However, key parts of the law required “re-enactment” but were not re-enacted, so sales remain illegal and unregulated.
Only possession and home cultivation of modest amounts of cannabis are legal for adult-use in Virginia. Adults can legally possess and share up to one ounce of cannabis and cultivate up to four cannabis plants at their primary residence. You can check out our full summary of the law here.
In a repeat of 2024, Gov. Glenn Youngkin (R) vetoed multiple cannabis policy reforms in 2025, including to legalize adult-use sales. He also vetoed bills to protect parents from being considered child abusers based solely on the responsible use of cannabis (HB2613), expanding delivery options for patients (HB 1989), and allowing for resentencing of people previously convicted of some cannabis violations (HB2555).
In Virginia, governors are limited to one term. Commonwealth voters will be electing a new governor and state representatives in 2025. The primary election is on June 17 and the general election is on November 4, 2025. The results will be key to whether Virginia finally legalizes sales and makes other progress for cannabis freedom and justice.
Odor of cannabis can no longer be used as a pretext for searches
During a special session in late 2020, both chambers of the Virginia General Assembly approved, and then- Gov. Ralph Northam (D) signed, a modest cannabis reform bill — SB 5029.
This legislation prevents law enforcement from using the odor of cannabis as a pretext for searching and seizing property.
Virginia’s medical cannabis law
Since enacting a 2017 law that permitted patients suffering from intractable epilepsy to use some types of cannabis oil with a doctor’s certification as an affirmative defense, lawmakers have continually improved Virginia's medical cannabis program.
Virginia patients with any condition are now able to receive recommendations to use and purchase cannabis preparations with no more than 10 milligrams of THC per dose. In 2021, the legislature passed legislation that improved the medical cannabis law by allowing patients to use whole-plant, “botanical” cannabis (HB 2218/SB 1333). The legislature also passed a bill that protects patients from being disciplined or fired by their employers for using medical cannabis away from work (HB 1862).
You can check out our full summary of the medical cannabis law here. Optional registration card applications, a list of current registered practitioners for medical cannabis, and a list of medical cannabis dispensing locations can be found through the Virginia Cannabis Control Authority website.
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