Virginia Cannabis Laws

 Is cannabis legal in Virginia?

Virginia has legalized both medical and adult use cannabis. Counties and cities do have the power to prohibit medical or recreational cannabi businesses from operating, but few do so.

What are the medical marijuana laws in Virginia?

Medical Cannabis Laws in Virginia

2015 – Code of Virginia § 54.1-3408.3

Law allows for the possession of CBD oil and THCA oil and affirmative defense for those with a medical cannabis certificate from a Board of Pharmacy-licensed physician.

In September 2018, the Virginia State Board of Pharmacy approved the applications for five companies to open medical cannabis dispensaries across the Commonwealth.

Those with a valid certificate are protected from arrest by the state.

Recreational Cannabis Laws in Virginia

2021

Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021.

Legislation permits the recreational use of marijuana by adults who are at least 21 years old, allows for wholesale and retail sale of marijuana, and allows home cultivation and personal use of marijuana (up to four plants for personal use).

What medical conditions qualify for a Medical Marijuana Card in Virginia?

The Virginia law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Cancer
• Chronic Pain that does not respond to traditional treatments, or where opioids may be used.
• Crohn’s Disease
• Epilepsy
• Glaucoma
• Post-Traumatic Stress Disorder (PTSD) – moderate to severe

Technically, a physician may be able to recommend cannabis for any condition they deem suitable. They will, however, need to explain their decision.

How do I get certified for medical cannabis in Virginia?

With Leafwell, you can get your Virginia Medical Marijuana Card in 4 simple steps:

1. Register online with Leafwell – It’s quick and easy! Plus all of your data and medical records are secure on our state-of-the-art telemedicine platform.
2. Book an appointment with a certified physician with Leafwell – This consultation fee is $149 for an examination.
3. Attend your online appointment and get a medical cannabis certificate online from a state-licensed physician – The process is quick, simple and HIPAA-compliant. Most appointments take 15 minutes or less.
4. Once approved, register online with the Virginia DoH and Board of Pharmacy to make an Initial Application – The application fee is $50, payable to the Virginia state. You can submit your application via email, fax or mail. We recommend email for the fastest processing. A digital version of the card will be emailed to you 6-8 weeks after you submit your application. More information on the VI medical cannabis program for patients and caregivers can be found here.

You must be at least 18 years of age in order to apply for and undergo a medical marijuana evaluation for a Medical Marijuana Certificate and Card in Virginia. Caregivers must also be 18 years of age. The parent/guardian residing at the same address as the patient should first submit the patient registration application. The parent/guardian residing at the same address as the patient should submit the parent/guardian application.Any other parent/guardian who has also been issued a written certification and in need of obtaining board registration should submit the parent/guardian application to the board.

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Is telemedicine allowed for medical cannabis consultations in Virginia?

Yes, telemedicine is legal in Virginia and you can get certified for cannabis online.

How much cannabis can I possess in Virginia with a Medical Cannabis Card?

• For medical card holders = Patients may receive up to a 90-day supply per visit to a dispensary. Products, as defined under the law, must contain per dose a minimum of 5 mg of CBD or THC-A and may contain up to 10 mg of THC. The specified possession limit for botanical cannabis allows for up to 4 ounces per 30 days to be dispensed to a patient.
• For recreational users = As of July 1, it will be legal for adults 21 or older to possess up to an ounce of marijuana. Retail sales are expected to begin in 2024.

Is it legal to grow cannabis in Virginia?

Both medical and recreational cannabis users will be legally allowed to grow up to four plants. Each plant must include a tag with the grower’s name, driver’s license or ID number, and a note that it is only for personal use.

Does Virginia accept out-of-state cards?

Virginia does not have medical marijuana reciprocity, and so does not recognize MMJ cards from other states.

Will my Virginia card be accepted in other states?

A Virginia medical marijuana card may be used in some other states with medical marijuana reciprocity, meaning they recognize out-of-state cards.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• US Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Virginia?

Those with a medical marijuana card have some employment protections. Governor Northam signed a bill that makes it illegal for most Virginia businesses to take adverse actions against employees who test positive for THC during a routine drug screening, as long as they have a Virginia medical marijuana card. Only medical patients are protected by this ruling.

What are the medical cannabis product testing requirements in Virginia?

Lab testing for mold, mildew, pesticides, solvents, mycotoxins & microbials, heavy metals and other pollutants, and cannabinoid content are requirements for medical marijuana products in Virginia.

Where is it safe to purchase cannabis in Virginia?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Virginia?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.