Virginia legalized personal possession and limited home cultivation of cannabis for adults 21 and older effective July 1, 2021. In Fairfax City, adults may possess up to one ounce in public and grow up to four plants per household out of public view. Retail sales remain illegal statewide, and public use or driving under the influence is prohibited.
Virginia became the first Southern state to legalize adult-use cannabis when the General Assembly passed HB 2312 and SB 1406, effective July 1, 2021 (VA Code §4.1-1100 et seq.). Adults 21 and older may possess up to one ounce of cannabis in public for personal use and may cultivate up to four plants per household, not per person, at their primary residence. Plants must be out of public view, tagged with the grower's identifying information, and kept away from minors. Public consumption remains prohibited; use must occur in a private residence or allowed private setting. Driving under the influence of cannabis is a DUI under VA Code §18.2-266, identical in seriousness to alcohol DUI. The retail market authorized by the 2021 law was never established because the 2022 legislature did not enact the necessary implementation framework, so commercial sale of recreational cannabis to adults remains illegal. The only legal commercial cannabis in Virginia is the medical cannabis program administered by the Virginia Cannabis Control Authority. Landlords may prohibit possession or consumption in rental units under lease terms, and federally subsidized housing still prohibits all cannabis use. Fairfax City employers may still enforce drug-free workplace policies. Sharing up to one ounce adult-to-adult without remuneration is legal; any exchange of money or goods is a distribution offense.
Contact your local code enforcement office for specific penalty information.
Fairfax, VA
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