Adults 21 and older in Herndon may legally possess up to 1 ounce of marijuana and cultivate up to 4 plants per household under Virginia Code 4.1-1100. Public consumption remains prohibited. Virginia has no operating legal retail market for recreational cannabis; legal acquisition remains limited pending state legislation.
Virginia legalized adult possession and home cultivation of marijuana on July 1, 2021, under Senate Bill 1406 and House Bill 2312, codified at Virginia Code Section 4.1-1100 et seq. Adults aged 21 or older may possess up to 1 ounce (28.35 grams) of marijuana in public and may cultivate up to 4 marijuana plants per household (not per person) at their primary residence, provided plants are not visible from public view, are tagged with identifying information, and are out of sight and reach of persons under 21. Possession of more than 1 ounce but up to 1 pound in public is a civil penalty of 25 dollars for a first offense. Public consumption of marijuana (smoking, vaping, or eating in public places) is prohibited and punishable as a civil offense. Consumption in a motor vehicle by driver or passenger is a Class 4 misdemeanor. Despite legalization, Virginia has NOT yet opened a legal recreational retail market; legislation establishing retail sales has been debated but not enacted as of recent sessions. Medical cannabis dispensaries operate under the Virginia Cannabis Control Authority for registered patients. Legal sources for recreational users remain limited to home cultivation and gifting among adults. Herndon cannot opt out of legalization but may regulate zoning for future licensed establishments.
Contact your local code enforcement office for specific penalty information.
Herndon, VA
Herndon prohibits modified exhaust systems, engine racing, loud stereos in vehicles, and prolonged horn use, with violations enforced under both Town Code an...
Herndon, VA
Persistent barking, howling, or other animal noise that disturbs neighbors is prohibited in Herndon at all times, with stricter enforcement during quiet hour...
Herndon, VA
Amplified music at parties, restaurants, or outdoor events in Herndon must not be plainly audible at the property line during quiet hours and cannot create a...
Herndon, VA
Town of Herndon Code §§42-261–42-265 prohibit abandoning motor vehicles. Inoperable/abandoned vehicles may be cited and towed. Virginia law threshold of 15 d...
Herndon, VA
Town of Herndon Code §42-160 addresses parking of trailers, semitrailers, boats, and recreational vehicles. RV habitation on public streets is prohibited. St...
Herndon, VA
Commercial vehicles exceeding 1 ton capacity or 10,000 lb GVWR cannot be regularly parked in residential zoning districts in Herndon. Tractor-trailers, dump ...
Side-by-side rule comparisons with other cities in Fairfax County.
See how other cities in Fairfax County handle home cultivation.
See how Herndon's home cultivation rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.