Virginia legalized marijuana on July 1, 2021, joining 17 other states that have laws allowing adults to possess and use the drug. 

In every one of these states, the law has legalized simple possession before establishing a legal market for the purchase and sale of marijuana.



Hi, I am the criminal lawyer Pierre Prialé from Fairfax County, Virginia. In this article of our blog, you will be able to understand what is legal and what will continue to be illegal regarding the Virginia marijuana laws.

What is legal?

  • Adults who are 21 years or older may possess up to an ounce of cannabis for personal use.
  • Adults who are 21 years or older, may consume marijuana in private residences. However, nothing prevents the owner of the property to forbid or restrict the use of marijuana on his premises.
  • Adults who are 21 years or older, will also be able to grow up to four plants of marijuana per household, not per person.
  • It will be legal to “share” or transfer an ounce or less of marijuana between adults of 21 years or older. This does not include cases in which marijuana is given away with other reciprocal transactions between the same parties, is offered as a gift or is advertised in conjunction with an offer to sell goods or services, or a marijuana gift is conditional as part of a transaction reciprocal separated from goods or services.

What is illegal?

  • Anyone possessing more than one ounce of marijuana. Individuals found guilty of possessing more than one ounce, but not more than one pound of marijuana, are subject to a civil penalty of no more than $25 USD. People found guilty of owning more than one pound are subject to a felony.
  • It will remain illegal for any person under 21 years old to consume, buy or possess marijuana, or attempt to do so. Distributing or selling marijuana, and/or possessing any amount with the intention of distributing or selling it, will also remain illegal. This prohibition also applies to businesses, which may not sell, “give away” or distribute marijuana in any other way.
  • Existing safety measures will remain in effect, including the prohibition of using marijuana while driving a vehicle, or while being a passenger inside a vehicle that is being driven.
  • Possession of marijuana on school grounds, while operating a school bus, while driving a vehicle carrying passengers for someone else, or in a commercial vehicle will also remain illegal.

Hire a Prialé & Racine criminal attorney now

If you or a member of your family has been charged with a marijuana-related felony in Virginia, you or that person could lose their driving license, face serious fines, or even jail time. If you find yourself in this situation, you will need an attorney who knows the Virginia marijuana laws.

If you don’t have an attorney already, at Priale & Racine we can provide you with effective defense for your first court appearance.

Once we are on your side, we will work hard to have the charges dismissed or reduced.

Leave us a message now. Our attorneys will get in touch with you as soon as possible.