Virginia Statewide Rule
Virginia Personal Marijuana Home Cultivation Limits
Key Facts
- Statute
- Va. Code 4.1-1101
- Plant Limit
- 4 per household
- Minimum Age
- 21 years
- Visibility Rule
- Not visible from public
Summary
Virginia law allows adults 21 and older to cultivate up to four marijuana plants per household for personal use, with statewide rules localities cannot prohibit but may regulate via standard property nuisance laws.
§ 4.1-1101 . Home cultivation of marijuana for personal use; penalties. 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. A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence. A violation of this subsection shall be punishable as follows: 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; 2. For possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor; 3. For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and 4. For possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both. 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.
Full Breakdown
Va. Code Section 4.1-1101 permits any person 21 or older to cultivate up to four marijuana plants per household for personal use at their primary residence. Plants must be tagged with the grower's name, driver's license or ID number, and a notation that the plants are for personal use. Plants must not be visible from public view and must be kept where minors cannot access them. Sale or transfer remains prohibited outside the licensed retail framework. The cap is per household, not per adult.
Violations & Penalties
More than four plants brings a $250 civil penalty for a first offense (5-10 plants), a Class 3 misdemeanor for a repeat offense, and escalating misdemeanor or felony charges for larger grows.
Frequently Asked Questions
Can my city ban home marijuana cultivation in Virginia?
If two adults live in the home, can each grow four plants?
Sources
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