Although Virginia legalized adult-use cannabis under SB 1406 in 2021, public consumption remains illegal statewide and in Fairfax County under VA Code Section 4.1-1108, including parks, sidewalks, vehicles, and Tysons Corner public spaces.
Adults 21 and older may possess up to one ounce of cannabis privately in Virginia, but public consumption is prohibited under VA Code Section 4.1-1108. Smoking or vaping cannabis on sidewalks, in parks, at Reston Town Center, Tysons Corner Center, in motor vehicles, or any place open to the general public is a civil offense for the first violation, escalating with subsequent infractions. Fairfax County police enforce these rules and follow state penalty schedules. Federal park land such as Wolf Trap remains fully off-limits to cannabis under federal law.
Public smoking, vaping, or open consumption brings civil fines escalating to misdemeanor charges; vehicle use can add reckless-driving exposure.
See how Fairfax's public marijuana use rules stack up against other locations.
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