What are Medical Marijuana Laws in Virginia?(2023)

Finally, Virginians can now say that weed is legal in their state. After all the silent battles between the state legislature and the public, a bill in 2020 passed into law. It stated that the medical use of marijuana is now legal with a valid prescription from a state-registered doctor. This law led to the legal opening of the first dispensary in the state. Well, in 2021, another bill passed stating that recreational or adult possession of marijuana has been made legal up to 1 ounce (28g). With all these in action, the state monitors weed abuse practically and strictly.

Virginia Medical Marijuana Laws

The 2021 Virginia General Assembly established the Virginia Cannabis Control Authority (CCA), recognizing it as the principal source of government expertise on cannabis and vesting it with broad authority to develop, issue, and enforce rules related to cannabis in Virginia. The 2021 legislation also empowered the CCA to undertake initiatives and promulgate regulations on various public safety and health aspects of cannabis.

Possession and Penalties

• Patient – As long as you have a valid prescription and an MMJ card, you can possess up to a 90-day supply of per-visit medical marijuana products.
• Non-patients

1. If you are under 21, the state can fine you up to $25 or require you to go through a court-approved drug education or treatment program.
2. If you are 21 or over, and you possess more than 1 oz of marijuana
1-15 oz of marijuana: $25 fine.
1 lb (16 oz) or more of marijuana: 1-10 years of jail time and up to $250,000 in fines.

Virginia Cannabis Cultivation Laws

• The law states that for personal use, each household with a member 21 years of age or older is allowed to cultivate up to 4 marijuana plants.
• For cultivating 5-10 marijuana plants

1. First offense: $250 fine
2. Second offense: Class 3 misdemeanor (up to $500 fine)
3. Third offense: Class 2 misdemeanor (up to 6 months in jail and/or up to $1,000 fine)
4. Subsequent offenses: felony charge with fines up to $25000

Taxation

Virginia patients are required to pay a 5.30% sales tax on every purchase of medical marijuana. But, there is no additional excise tax on medical marijuana in Virginia.

Caregiving

Yes, caregivers are legal in VA. You can be a caregiver for a patient under 18 or a patient who is disabled. Such a caregiver is always a parent or a legal guardian. They must be over the age of 21 and must be a resident of the state. The registration process is similar to that of a patient. A caregiver may register with the state individually or at the time of their patient’s registration.

Reciprocity

Virginia doesn’t recognize other states’ medical marijuana cards, certificates, or recommendations. However, there are chances for a Virginia medical card to get recognized by other US states that encourage reciprocity.

Driving and Public Intake

Whether you are in Virginia or not, note that the use or possession of any form of marijuana is illegal in public places. Driving under the influence is a criminal offense, and you can face jail time with severe charges. Be mindful of your surroundings because consuming in sight of a minor is also a legal offense. Any passenger, if found drugged, will be penalized accordingly.

Employment Discrimination

No employer shall discharge, discipline, or discriminate against an employee for their lawful use of medical marijuana according to a valid written certification issued by a practitioner for treating or eliminating the symptoms of the diagnosed condition or disease.

How Weed Became Legal in Virginia?

• 1979 – Virginia passed legislation allowing doctors to recommend cannabis for glaucoma or the side effects of chemotherapy.
• 1998 – Virginia General Assembly tightened the laws on medical cannabis use and added a provision allowing its use and distribution for cancer and glaucoma.
• 2015 – A Senate bill legalized the recommendation of substances containing CBD oil or low-THC oil for treating epilepsy.
• 2021 – The law legalized adult recreational use where adults ages 21 and over can possess 1 ounce (28 g) or less of marijuana and also allows for the growth of up to four cannabis plants per household.

Virginia Medical Marijuana Card

As of 2021, it is no longer necessary to register for a virginia medical marijuana card, but a recommendation letter is the only way to purchase medical marijuana. It is the patient’s choice to apply for a card. However, it is best practice to hold a state-approved medical marijuana license than to face sudden consequences. A Virginia MMJ card will last up to one year, and you must renew it before its expiration.

Who Can Use Medical Marijuana in Virginia?

Apart from being a resident and a diagnosed patient, there are no specific medical conditions that “qualify” in Virginia. It is totally up to the doctor whether or not they want to permit their patients to use medical marijuana. So, here is a list of some of the most common conditions treated with marijuana.

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS)
• Anxiety
• Autism
• Cachexia and wasting syndrome
• Cancer
• Crohn’s Disease
• Chronic Pain
• Epilepsy and other seizure disorders
• Fibromyalgia
• Glaucoma
• Hepatitis C
• Huntington’s Disease
• Inflammatory Bowel Disease (IBD)
• Multiple Sclerosis (MS)
• Parkinson’s Disease
• Post-Traumatic Stress Disorder (PTSD)
• Sickle Cell Anemia
• Tourette’s Syndrome

Hemp and Other Concentrate

A person shall not manufacture marijuana concentrate from home-cultivated marijuana. Thus, making it illegal to possess other concentrates.

Bottom Line

Virginia has loosened the regulations on marijuana. Weed decriminalization doesn’t mean you can be lazy about possession and consumption. Many have reported charges of abusing marijuana in recent months. Follow through the rules and keep away from the penalties.