What’s legal?
Since the Virginia General Assembly approved a bill in July 2021, adults in Virginia who are 21 years and older are permitted to possess up to one ounce or 28 grams of marijuana for recreational use. Additionally, it is legal for adults 21 and older to smoke marijuana privately in their homes and share up to one ounce of marijuana with other adults who are 21 or older, provided there is no exchange of money. Individuals are permitted to grow up to four marijuana plants in their home, provided the plants are not visible from the street or accessible to individuals under 21. The plants must have legible tags that include the individual’s name, driver’s license or ID number, and some indicator that the plant is being grown for legally authorized personal use.
What’s illegal?
It is illegal for anyone to possess more than one ounce of marijuana; for anyone under 21 years of age to consume, purchase, or possess marijuana; or to distribute or sell marijuana and/or possess with the intent to distribute or sell marijuana. Possessing between four ounces and one pound of marijuana or equivalent marijuana product will result in a Class 3 misdemeanor and a Class 2 misdemeanor for a second or subsequent offense. An individual who possesses more than one pound of marijuana is guilty of a felony and may receive between one year and 10 years in prison or a fine of less than $250,000, or both.
It is illegal to smoke marijuana in public, which includes inside of a vehicle, while driving, or as a passenger in a vehicle.
It is also illegal to drive with marijuana in an “open container,” which is defined as “any vessel containing marijuana or marijuana products, except the originally sealed manufacturer’s container.” Thus, an open container includes plastic containers like Typperwares, a plastic bag, and more.
While it is legal to grow marijuana plants in one’s home, it is illegal to develop marijuana concentrate in an individual’s home.
Possessing marijuana is illegal on the property or grounds of a public school.
Possession, consumption, distribution rules and penalties
The following were gathered from the Loudoun County, Virginia, Public Safety and Emergency website.
Possessing more than an ounce but less than four ounces of marijuana is subject to a civil penalty of up to $25.
Possessing more than four ounces of marijuana but not more than one pound of marijuana is a Class 3 misdemeanor for a first offense and a Class 2 misdemeanor for a second offense.
Possessing more than a pound of marijuana is a felony punishable by at least one year and no more than 10 years in jail and a fine of up to $250,000, or both.
Penalties for possessing more than four plants are set based on the number of plants.
Possession of marijuana on school grounds is a criminal misdemeanor.
Note: Anyone younger than 21 who is found to possess marijuana may face a civil penalty of up to $25 and be required to enter a substance abuse treatment or education program.
