Fairfax, VA Cannabis Regulations: Personal Cultivation Limits (2026)

A. Notwithstanding the provisions of subdivision (c) of § 18.2-248.1 , a person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants. For purposes of this section, a "household" means those individuals, whether related or not, who live in the same house or other place of residence. A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence. A violation of this subsection shall be punishable as follows: 1. For possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for a third and any subsequent offense; 2. For possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor; 3. For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and 4. For possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both. B. A person who cultivates marijuana for personal use pursuant to this section shall: 1. Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids; 2. Take precautions to prevent unauthorized access by persons younger than 21 years of age; and 3. Attach to each marijuana plant a legible tag that includes the person's name, driver's license or identification number, and a notation that the marijuana plant is being grown for personal use as authorized under this section. C. A person shall not manufacture marijuana concentrate from home-cultivated marijuana.