Fairfax County, VA Cannabis Regulations: Home Cultivation (2026)

Virginia's cannabis legalization, enacted by the 2021 General Assembly (SB 1406/HB 2312) and effective July 1, 2021, made Virginia the first Southern state to legalize recreational marijuana. Adults 21 and older may lawfully: possess up to 1 ounce of marijuana in public; share up to 1 ounce with another adult 21+ without remuneration; and cultivate up to 4 marijuana plants per household (not per person) at their primary residence, provided plants are (a) not visible from a public way, (b) kept from access by individuals under 21, and (c) tagged with the grower's name, driver's license number, and legibility identifying them as legal plants. CRITICALLY, no recreational retail market exists in Virginia: subsequent General Assembly sessions (2022-2025) failed to enact the retail framework contemplated in 2021. The Cannabis Control Authority (CCA) exists but does not issue adult-use retail licenses; only medical cannabis dispensaries operate under separate Board of Pharmacy rules. It remains illegal to sell marijuana, possess more than 1 ounce in public, possess more than 4 plants, use marijuana in public, consume marijuana in a vehicle, or drive under the influence (VA Code 18.2-266). Possession by anyone under 21 is a civil penalty ($25 first offense) under VA Code 18.2-250.1. Fairfax County follows state law without adding local restrictions to personal possession or home cultivation. Federal law still classifies marijuana as a Schedule I controlled substance, affecting federal employees, federal property (extensive in Fairfax — Fort Belvoir, CIA, federal buildings), firearms ownership, and housing subsidies.