Virginia MJ Legalization FAQs from VANORML
What will be legal July 1, 2021?
✓ Possession by adults 21+ of up to one ounce in public
✓ Personal cultivation of up to 4 plants per household by adults 21+ at their primary residence
✓ Adult-sharing of up to one ounce in private without remuneration
✓ Continued participation in the medical can** program which allows purchase at Virginia dispensaries
What will NOT be legal July 1, 2021?
X Public consumption
X Possession or consumption by anyone under 21
X Possession on school grounds or school bus
X Consumption in a motor vehicle while being driven (passenger or driver)
X Open container in a vehicle
X Sharing or offering in public
X Selling or purchasing can*** outside of the medical program
X Selling or purchasing can*** seeds or cannabis products
X Gifting schemes (gift with purchase, public giveaway events, paid entry consumption events)
Personal cultivation guidelines
Tag each plant with owner’s name, driver’s license/state ID number, and for personal use
Plants must not be visible from a public way without the use of aircraft, binoculars, or other optical aids
Prevent access by those under 21
Cultivation is permitted indoors or outdoors, but may be restricted in rental housing
Cultivation is only permitted at the individual's primary residence
Transportation guidelines
Never drive while impaired
No driver or passenger may consume or possess an open container of can*** while a vehicle is being operated
Transport can*** in a completely sealed (preferably locked) container in the trunk of any passenger vehicle, or in the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle or any similar vehicle out of reach of the driver
Adult-sharing guidelines
Adults 21+ may share up to one ounce of can*** in private, much like they could share a bottle of wine
Can*** may not be offered to or shared with anyone in public
There may not be any exchange of goods or services (no gifting schemes)
Where can I buy can*** in Virginia? Legal retail sales are only permitted by licensed dispensaries to registered medical patients. Can I order cannabis from a legal state? No. It is not legal to import or transport it across state lines. Can I buy seeds in Virginia? No. Retail sales are not yet legal in Virginia. The definition includes seeds today and will on July 1 as well. § 4.1-600. Definitions. (Effective July 1, 2021) "MJ" means any part of a plant of the genus Can**, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. "MJ" does not include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Can***. "MJ" does not include (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent or (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law. Can I order seeds online? It is not legal to do so, even if the site claims it to be for novelty purposes. Can my business give away or sell seeds or clones? No, "Adult sharing" does not include instances in which (i) mj is given away contemporaneously with another reciprocal transaction between the same parties; (ii) a gift of mj is offered or advertised in conjunction with an offer for the sale of goods or services; or (iii) a gift of mj is contingent upon a separate reciprocal transaction for goods or services. Is it legal to give away seeds, plants, or can*** in public? No, offering can***s in public is not illegal. § 4.1-1108. Consuming mj or mj products, or offering to another, in public place; penalty. A. No person shall consume mj or a mj product or offer mj or a mj product to another, whether accepted or not, at or in any public place. B. Any person who violates this section is subject to a civil penalty of no more than $25 for a first offense. A person who is convicted under this section of a second offense is subject to a $25 civil penalty and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. A person convicted under this section of a third or subsequent offense is guilty of a Class 4 misdemeanor. My plants will produce more than one ounce. Is that legal? The the law states "a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of mj." There is no law specific to what an adult 21+ may possess in private not on their person for personal use. How much concentrate/edible can I possess? Until the Virginia Cannabis Control Authority is able to enact such regulations, there will be no equivalent possession limits specified. Virginia Code will define the limit for legal possession on their person or in public by adults 21+ as one ounce until such regulations can be enacted. § 4.1-600. Definitions. (Effective July 1, 2021) "MJ products" means (i) products that are composed of mj and other ingredients and are intended for use or consumption, ointments, and tinctures or (ii) mj concentrate. § 4.1-604. Powers and duties of the Board. (Effective July 1, 2021) The Board shall have the following powers and duties: 1. Promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and § 4.1-606; 2. Control the possession, sale, transportation, and delivery of mj and mj products; § 4.1-1100. Possession, etc., of mj and mj products by persons 21 years of age or older lawful; penalties. (Effective July 1, 2021) "Except as otherwise provided in this subtitle and notwithstanding any other provision of law, a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of mj or an equivalent amount of mj product as determined by regulation promulgated by the Board." What about paraphernalia? While the new definition "mj paraphernalia" will become effective July 1, 2021, the removal of "mj" from § 18.2-265.1 requires reenactment by the 2022 General Assembly in order to become law. The legislative intent, however, was not to legalize the responsible use, possession, and cultivation of can*** by adults 21 and older while still criminalizing devices used to do so. § 4.1-600. Definitions. (Effective July 1, 2021) "MJ paraphernalia" means all equipment, products, and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body mj. Can I be fired for testing positive? Yes. Limited employment protections are only extended to registered medical patients. § 40.1-27.4. Discipline for employee's medicinal use of can*** oil prohibited. A. As used in this section, "can*** oil" means the same as that term is defined in § 54.1-3408.3. B. No employer shall discharge, discipline, or discriminate against an employee for such employee's lawful use of can*** oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease pursuant to § 54.1-3408.3. C. Notwithstanding the provisions of subsection B, nothing in this section shall (i) restrict an employer's ability to take any adverse employment action for any work impairment caused by the use of can*** oil or to prohibit possession during work hours, (ii) require an employer to commit any act that would cause the employer to be in violation of federal law or that would result in the loss of a federal contract or federal funding, or (iii) require any defense industrial base sector employer or prospective employer, as defined by the U.S. Cybersecurity and Infrastructure Security Agency, to hire or retain any applicant or employee who tests positive for tetrahydrocannabinol in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test. Will I lose my guns? The ability to own a firearm depends upon how an individual answers the background check question related to mj use.
I am not a lawyer. Please don't mistake this as legal advise.