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

Virginia Code § 4.1-1101 sets the home-grow rule that applies at every Fairfax County address. Only a person 21 years of age or older can cultivate, and the limit is four marijuana plants for personal use at the person's place of residence. The cap attaches to the household, not the individual. The statute defines a household as the individuals, whether related or not, who live in the same house or other place of residence, so four roommates sharing one Reston townhouse share one four-plant limit instead of holding sixteen. Cultivation is allowed only at the grower's main place of residence, which rules out a second home, a vacation rental or a friend's basement.

Three conditions in subsection B apply to every grower. First, no plant can be visible from a public way without the use of aircraft, binoculars, or other optical aids, so a plant on a front porch fails while one behind a solid fence passes. Second, the grower has to take precautions to prevent unauthorized access by anyone younger than 21. The statute does not name a particular lock, fence or room, so the duty is judged on whether a minor could actually reach the plants. Third, each plant must carry a legible tag showing the person's name, driver's license or identification number, and a notation that the plant is being grown for personal use as authorized under the section. A tag with only a first name or no ID number does not satisfy the text.

The section's history line lists 2021 Special Session I chapters 550 and 551, 2022 Special Session I chapter 2, 2023 Special Session I chapter 1 and, most recently, 2026 Special Session I chapter 1. The wording summarized here is the version printed on the Virginia Law site on October 12, 2026.