Fairfax County, VA Cannabis Regulations: Personal Cultivation Limits (2026)
Key Facts
- Plant limit
- 4 plants per household, not per adult
- Minimum age
- 21 years or older
- Where allowed
- Grower's main place of residence only
- Visibility
- No plant visible from a public way without aircraft or optical aids
- Tag required
- Name, license or ID number, personal-use notation on each plant
- Civil penalty, 5 to 10 plants
- $250 for a first offense
- Rule violation penalty
- Civil penalty of no more than $25
Summary
Fairfax County residents age 21 or older can grow up to four marijuana plants at their main residence under Va. Code § 4.1-1101, and no household can hold more than four plants at once, however many adults live there. Plants must be hidden from public view and tagged with the grower's name and ID number.
A. 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. ... A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence. ... 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; ... 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. ... Any person who violates this subsection is subject to a civil penalty of no more than $25.
Full Breakdown
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.
Violations & Fines
Five to 10 plants: $250 civil penalty for a first offense, Class 3 misdemeanor for a second, Class 2 misdemeanor for a third and any later offense. 11 to 49 plants: Class 1 misdemeanor. 50 to 100 plants: Class 6 felony. More than 100 plants: a felony punishable by one to 10 years in prison or a fine of up to $250,000, or both. Breaking the visibility, access or tagging rules carries a civil penalty of no more than $25. Adults can prepay under § 16.1-69.40:2.
Frequently Asked Questions
How many marijuana plants can a Fairfax County household grow?
Can I grow at a second home or a rental I do not live in?
What happens if a neighbor or passerby can see my plants?
What is the penalty for growing six plants instead of four?
What must the plant tag say?
Sources & Official References
Other rules in Fairfax County
Compare Fairfax County to another location·View the Virginia cannabis regulations overview
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