As you may know, HB2312/SB1406, which legalized recreational marijuana in Virginia, passed the General Assembly this year and will go into effect July 1st. My office has received some correspondence from our constituents asking for clarification on this new law. I wanted to take a moment today to help shed some light on the new policies, and make sure you know what will and will not be legal as of July 1st.
What will be legal:
Possession of up to one ounce of marijuana. You may have in your possession up to one ounce of marijuana if you are 21 years or older. You may use marijuana recreationally in a private residence -- however, the homeowner has the right to restrict marijuana usage in their home.
Possession of up to four marijuana plants. You may grow up to four marijuana plants in your own home. Only four plants are allowed per household, not per person. Those plants must be clearly labeled with your name, driver’s license or ID number, and a statement that you are growing the plants for recreational use as allowed by law. These plants must be kept out of the reach of children and may not be visible from public areas.
Sharing and gifting between adults. You may share or gift up to one ounce of marijuana to another adult (21+) for free.
Medical cannabis. Individuals who use medical cannabis can continue to receive their cannabis through a dispensary with an authorization from their doctor and a registration through the Board of Pharmacy.
What will not be legal:
Possessing more than one ounce of marijuana or more than four marijuana plants.
Using or possessing marijuana if you are under the age of 21.
Selling marijuana. It is not legal to sell marijuana in Virginia. On January 1st, 2024, legal sales of marijuana will begin; until then, it is illegal to sell marijuana plants or seeds in Virginia. Selling and possession with intent to distribute are still crimes. In addition, marijuana cannot be included as a “free” gift as part of a purchase -- this is a potential loophole that is frequently exploited elsewhere, but it will not be legal in Virginia.
Driving under the influence of marijuana. Driving under the influence is still just as illegal and dangerous as it was before. Please use common sense -- if you choose to use marijuana, do not get behind the wheel of a motor vehicle. The General Assembly has allocated money towards police departments to train officers on how to spot folks who are driving under the influence, and this will be taken seriously. Either get a designated driver, or stay home when you’re under the influence.
If you choose to use marijuana recreationally, please be safe and responsible, and make sure you know the law.
