How Does Virginia Law Define "Weed" and Is It Legal in 2023?

Home » How Does Virginia Law Define “Weed” and Is It Legal?
Garry Stewart
Written By Ken Maus

October 24, 2022

Is weed legal in Virginia

New laws are being implemented in Virginia for weed, and many are still confused about its laws. Many restrictions were imposed, but the state has now removed those restrictions. The state has also introduced new rules to make the use of marijuana permissible. This makes people wonder if weed is legal in Virginia or not.

Marijuana laws were strictly followed in Virginia; therefore, no one expected the change in weed laws until now. Virginia weed laws in 2023 are different, and you must know them. The state currently allows adult possession, but the sale is still illegal. In January 2023, Virginia’s General Assembly will have a decision rolling out on the sale of cannabis.

Although weed consumption is still considered illegal under federal law, the state has allowed weed use for medical purposes and some recreational activities. Of course, there are restrictions that you must know to avoid paying penalties.

Laws & Possession of Weed in Virginia

Let us know the complete laws of weed legalisation in Virginia

Age Restrictions:
In Virginia, only people who are 21 years or old are legally allowed to possess this substance. Anyone possessing it, who is under age, will be considered as an illegal activity and have to deal with the consequences of punishment and heavy fines.

Consumption Amount:
It is important to know that even if you are above 21, the laws can still punish you for possessing over the limit. An adult can possess up to 1 ounce of weed. The marijuana possession limit in Virginia is 1 ounce. Anyone crossing the limit and possessing above 1 ounce and below 1 pound is punishable by paying a $25 fee.

If someone crosses that limit and possesses over 1 pound, this is considered a felony.

There are further regulations on weed consumption in certain places, so let us understand each of them in detail.

A minimum fine of $25 will be imposed on first-time offenders who breach this rule. For a second offense, you might also have to complete a program of instruction or both.

Where Is It Safe to Consume Weed?

In Virginia, you cannot drive any vehicle when under the influence of weed, but it is also essential to know that you cannot consume it either as a passenger in the vehicle.

Consumption of weed is made legal, but you can possess it on your private property only for recreational purposes.

If you have a marijuana plant in your home, make sure it is not visible from the street and out of reach to anyone below the age of 21.
You can have up to four marijuana plants on your private property, and they should have a tag that consists of your ID number and driver’s license, along with a note that the plant is for personal use.

Apart from private property, possessing weed anywhere on public property, school grounds, or a vehicle is illegal. The rules also do not allow driving with an open container of marijuana. Any container/vessel with marijuana or marijuana product is illegal, except the originally sealed container from manufacturers.

Medical Marijuana Registry in Virginia.

If a medical patient needs to purchase medical marijuana, then he or she needs a list of things to possess the marijuana. They needed a government ID, written certification, from a Doctor.

However, after July 1, 2021, the rules changed, and patients now need only a written certificate from a registered practitioner for Medical cannabis to get marijuana. Along with that, only a government-issued ID card is required. Registration with the Board of Pharmacy is no longer needed.

An optional medical card can also be obtained by completing the application online and paying the fee of $50. In the application, one needs to submit the written certification from the practitioner of medical cannabis, government ID, and proof of residency in Virginia.

Patients will still need their parents or caregiver to get medical marijuana in case the patient is minor.

To obtain Medical Marijuana, one needs to suffer from specific health conditions being treated by medical marijuana.

List of Conditions That Qualify for Medical Marijuana.


A caregiver in Virginia can be an elderly patient or parent of the patient. In Virginia, a different term is used for the caregiver: “registered agent,” which may be slightly odd for many people.
A caregiver of a patient who is qualified for medical marijuana treatment can make a purchase from the dispensary on behalf of the patient.

Caregivers need a written certification of the patient and should also register the patient with Virginia authorities as a patient qualifying for the substance.

The caregiving process starts when they receive the written certification, and then the caregiver is responsible for possessing medical weed. If the patient is minor, the caregivers must go alone to purchase medical weed.
The registered agent (caregiver) is also responsible for handling the medical marijuana and the dose they give to the patient.

Caregivers must register themselves to be qualified as registered agents for the patient. Applications are made online for the same, where caregivers can apply and pay a small fee of about $25.

It is essential to know complete rules for the patient and caregiver for obtaining medical marijuana Card. If you are someone who does not have a Virginia card, then you must get one.

Does Virginia Accept out-of-State for Weed Possession?

West Virginia takes out-of-state patients with terminal cancer to possess marijuana. However, the rest of the part of Virginia does not receive the out-of-state medical marijuana card.

To possess medical marijuana, one must get a medical card in Virginia. You may need to check the reciprocity rules that allow you the purchase medical marijuana.

Is out of state weed possession acceptable in virginia

Bottom Line!

Virginia is seeing the latest changes in the law of weed and is expecting to see changes in the upcoming meetings of 2023. We suggest that since the state has uplifted the regulations of weed consumption, people should understand the laws in depth before making any purchase. The card is utmost necessary to make a purchase, so getting one is always preferable. Selling or trading is still illegal, so you can only give the marijuana.

3 steps away to get your medical marijuana card

Our Simple 3 Step Process For Medical Marijuana Card

1. Fill up your details in an easy 420 Evaluations form.

2. Get Evaluated by a Local MMJ doctor After Online Submission.

3. Get Approved and Receive your Recommendation In Your Email.

Looking To Apply For A Medical Marijuana Card?

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