Gov. Youngkin vetoes legal cannabis sales bill 

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 2024 Gov. Youngkin vetoed multiple cannabis policy reforms, 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, and allowing for resentencing of people previously convicted of some cannabis violations.

On a brighter note, Gov. Glenn Youngkin (R) signed HB149 and SB 391 into law. These companion bills will grant employment protections to public sector employees who are medical cannabis patients, other than law enforcement. The protections will include firefighters, EMS workers, and teachers among other civil servants. Private sector employees were already protected under legislation passed three years ago. 

The citizens of the Commonwealth will be electing a new governor in 2026 (in Virginia, governors are limited to one term).

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 former Gov. Northam 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.

Stay connected

To stay updated on the status of marijuana policy reform in Virginia, be sure to subscribe to MPP's alerts, if you haven't done so already.