Virginia Cannabis Laws 2026: Legal to Have, Retail Stores Coming in 2027

Virginia legalized adult possession and home growing on July 1, 2021, the first Southern state to do so. But lawmakers never finished setting up legal sales. In 2026, after Governor Spanberger vetoed a standalone retail bill, a compromise was written into the state budget: licensed retail sales will begin on July 1, 2027. The Virginia Cannabis Control Authority (CCA) regulates cannabis.

Is weed legal in Virginia?

Yes, to have and grow, for adults 21 and older. But you can't legally buy recreational cannabis in Virginia yet. Selling it without a license is illegal, and that includes "gifting" schemes where a store gives you cannabis with another purchase.

How much can you have?

Limit	Adults 21+
Possession	Up to 2 ounces (raised from 1 ounce in the 2026 budget)
Gifts	Adults can share cannabis with another adult for free

Carrying more than the limit brings a civil fine, and larger amounts are crimes.

Where can you use it?

Private property, with the owner's permission. Public use is illegal, and so is using it in a car. The 2026 law raises the fine for public use to $250 starting in July 2027. Landlords can ban smoking and growing.

Can you grow cannabis at home?

Yes. Adults 21+ can grow up to 4 plants per household (not per person) at their main residence. Each plant needs a tag with your name and ID number, and plants must be out of public view and secured from anyone under 21.

Medical cannabis in Virginia

Patients with a written certification from a registered practitioner can buy from licensed pharmaceutical processors and their dispensaries, which are the only legal stores in the state for now.

Retail sales in 2027

Under the 2026 budget, up to 350 licensed retailers can open starting July 1, 2027, with a 6% sales tax on retail products. Tax revenue goes toward early childhood education and other programs.

Driving and work

Driving impaired is illegal. Virginia protects workers from being fired for medical cannabis use off the clock, but employers can keep drug-free workplace policies for others.

Is anything changing in 2026?

Yes. The 2026 budget doubled the possession limit and set the date for retail sales. Home-grow rules haven't changed.

Federal law in 2026

Federal law still treats recreational cannabis as illegal. In April 2026, the federal government moved marijuana sold under a state medical license (and FDA-approved cannabis medicines) to Schedule III, but adult-use cannabis is still Schedule I. That means it's still banned on federal land and can't legally cross state lines, even between two legal states.

Separately, a federal ban on intoxicating hemp products takes effect in two steps: synthetic and converted cannabinoids like delta-8 lose their legal status on November 12, 2026, and naturally derived hemp THC (THCA flower, hemp delta-9 edibles and drinks) on December 11, 2026.

Where to buy legally

For now, only registered medical patients can buy, at licensed medical dispensaries. Browse dispensaries in Virginia in our directory, including Richmond and Charlottesville.

---

Last reviewed October 8, 2026. This guide is general information, not legal advice. Laws change, so check the official sources below before you rely on any detail.