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Virginia Beach, VA Cannabis Regulations: Personal Cultivation Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Plant limit
4 plants per household, at any point
Minimum age
21 years or older
Where to grow
Grower's main place of residence only
Required tag
Name, license or ID number, personal-use notation
First offense, 5 to 10 plants
$250 civil penalty
Condition violations
Civil penalty of no more than $25
Governing law
Va. Code § 4.1-1101

Summary

Virginia Beach residents who are 21 or older can grow up to four marijuana plants for personal use, and a household can never hold more than four at any point. The plants must stay at the grower's main residence, out of public view, tagged with the grower's name and ID number, and away from anyone under 21.

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. 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. ... 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; ... 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.

Source: Virginia Code §4.1-1101View official code

Full Breakdown

The rule that governs every Virginia Beach address is Va. Code § 4.1-1101, which sits in the Cannabis Control Act (Title 4.1, Subtitle II, Chapter 11). The text was read on the Virginia Law website on October 12, 2026, and its history line ends with 2026, Sp. Sess. I, c. 1, the most recent amendment.

The core limit is four plants. A person 21 years of age or older can cultivate up to four marijuana plants for personal use at their place of residence, and the cap applies 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. Four roommates sharing one Virginia Beach apartment therefore share one four-plant limit, not sixteen.

The code also confines the grow to one location. A person can only cultivate marijuana plants under this section at their main place of residence, which rules out growing at a second home, a rental unit you do not live in, or a storage space.

Three conditions 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 front-yard or street-facing balcony grow in Virginia Beach does not qualify. Second, the grower has to take precautions to prevent unauthorized access by anyone younger than 21. Third, each plant must carry a legible tag showing the grower's name, driver's license or identification number, and a notation that the plant is being grown for personal use under the section.

The tagging, visibility and access conditions are enforced through a civil penalty of no more than $25. The statute also says the penalty for any violation of the section by an adult can be prepaid under the procedures in § 16.1-69.40:2, which lets an adult resolve a minor violation without a contested hearing. In Virginia Beach, the city police department handles enforcement of these state-law provisions within city limits.

Violations & Fines

Going over the four-plant cap is where the penalties climb. Possessing more than four but no more than 10 plants brings a $250 civil penalty for a first offense, a Class 3 misdemeanor for a second offense, and a Class 2 misdemeanor for a third and any later offense. More than 10 but no more than 49 plants is a Class 1 misdemeanor. More than 49 but no more than 100 plants is a Class 6 felony. More than 100 plants is a felony carrying one to 10 years in prison or a fine of up to $250,000, or both. Breaking the visibility, access or tagging conditions carries a civil penalty of no more than $25.

Frequently Asked Questions

How many marijuana plants can I grow at home in Virginia Beach?
Up to four, and only if you are 21 or older. The limit belongs to the household, not to each adult, so two adults sharing a Virginia Beach home still have four plants between them. The statute says at no point shall a household contain more than four marijuana plants, and a household includes everyone who lives in the same residence, related or not.
Can I grow cannabis outside where neighbors can see it?
No plant can be visible from a public way without the use of aircraft, binoculars, or other optical aids. A backyard grow screened by a solid fence can meet that test, but a plant visible from the street or sidewalk cannot. Violating this condition carries a civil penalty of no more than $25.
What happens if I grow six plants instead of four?
Possessing more than four but no more than 10 plants is a $250 civil penalty for a first offense. A second offense becomes a Class 3 misdemeanor, and a third or later offense is a Class 2 misdemeanor. The penalty for an adult can be prepaid under the procedures in § 16.1-69.40:2.
What information goes on the plant tag?
Each plant needs a legible tag with the grower's name, driver's license or identification number, and a notation that the plant is being grown for personal use as authorized under § 4.1-1101. The tag must be attached to every plant, not just one per container, so replace any that fade or fall off.
Can I grow at a rental or second property in Virginia Beach?
Only at your main place of residence. The statute limits cultivation to that one location, so a vacation property, a relative's house or a separate lot does not qualify even if you stay within four plants. Growing there falls outside the protection of the section.

Sources & Official References

Other rules in Virginia Beach

All Virginia Beach rules

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