Although Virginia legalized adult-use cannabis under the 2021 Cannabis Control Act, smoking or consuming marijuana in any public place remains unlawful under Va. Code Section 4.1-1107, and Virginia Beach actively enforces the ban on streets, parks, and the Boardwalk.
Adults 21 and older may possess up to one ounce and grow up to four plants at home, but consumption must occur in a private residence. The 2024 retail launch under the Virginia Cannabis Control Authority permits licensed dispensaries, none of which authorize on-site consumption. Smoking marijuana on the Atlantic Avenue Boardwalk, in city parks, on Sandbridge Beach, in vehicles, or in public buildings is a civil infraction. Smoking it in public near a school or open to view by minors is a Class 4 misdemeanor. The federal AICUZ overlay around Naval Air Station Oceana adds federal jurisdiction restrictions on installation property.
Public consumption carries a $25 civil penalty for a first offense, escalating to a Class 4 misdemeanor near schools or with minors present, plus potential additional federal charges on military installations.
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See how Virginia Beach's public marijuana use rules stack up against other locations.
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