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Richmond, VA Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Personal use
Legal at home
Public use
Prohibited statewide
Possession limit
One ounce in public
Retail sales
Pending CCA rollout

Summary

Virginia legalized personal cannabis possession in 2021, but Virginia Code Section 4.1-1109 still prohibits public consumption. Richmond enforces the statute on sidewalks, parks, and the Canal Walk despite legal home use of up to one ounce.

A. No person shall possess or consume any marijuana or marijuana product in or upon the grounds of any public elementary or secondary school during school hours or school or student activities. B. In addition, no person shall consume and no organization shall serve any marijuana or marijuana products in or upon the grounds of any public elementary or secondary school after school hours or school or student activities. C. Any person convicted of a violation of this section is guilty of a Class 2 misdemeanor.

Source: Virginia Code 4.1-1109View official code

Full Breakdown

Virginia SB 1406 (2021) legalized adult possession of up to one ounce of cannabis and home cultivation of up to four plants per household, but Virginia Code Section 4.1-1109 prohibits consumption in any public place, including sidewalks, parks, the Canal Walk, restaurants, and motor vehicles. Richmond Police enforce the public-use ban at venues, festivals on Brown's Island, and in Monroe Park near VCU. Retail recreational sales remain pending Virginia Cannabis Control Authority licensing, originally targeted for 2024 but delayed. Smoking cannabis where tobacco is prohibited under the Indoor Clean Air Act also violates state law.

Violations & Fines

Public marijuana use is a civil penalty for first offenses, escalating to Class 4 misdemeanor with possible $250 fine for repeat or aggravated cases under Virginia Code Section 4.1-1109.

Frequently Asked Questions

Can I smoke cannabis on Brown's Island?
No. Virginia Code Section 4.1-1109 prohibits cannabis consumption in any public place, including parks and event venues. Personal use is legal only in private residences.
Where can adults buy recreational cannabis in Richmond?
Retail recreational sales are not yet operational. Virginia Cannabis Control Authority licensing is in progress; until then, adults may possess legally acquired cannabis but cannot purchase from retail stores.

Sources & Official References

Other rules in Richmond

All Richmond rules

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