Virginia Laws and Penalties - Possession Limits for Cannabis

Introduction

Virginia has taken significant steps towards reforming its stance on cannabis, legalizing both medical and recreational use. However, the legal framework governing cannabis in the state is multifaceted, with distinct regulations for medical and recreational users. 

In this comprehensive article, we will delve into Virginia's cannabis laws and penalties, with a particular focus on possession limits.

Legal Status

Cannabis enjoys full legal status in Virginia. However, only the sale of medical cannabis is legal in Virginia. While recreational use is legal there is no current legal framework for purchasing recreational cannabis in Virginia so the sale of recreational marijuana is still illegal. This represents a monumental shift in the state's approach to cannabis, but it's important to understand the nuances that differentiate medical and recreational use.

Possession Limits

Medical Patients:

Virginia's medical cannabis program is designed to provide therapeutic relief to patients suffering from qualifying conditions. For these individuals, the possession limits are as follows:

• 90-Day Supply: Medical patients are allowed a 90-day supply of cannabis, which is subject to specific restrictions.

• Botanical Cannabis: Within this 90-day timeframe, medical patients can possess up to 4 ounces of botanical cannabis. This monthly allocation is designed to accommodate patients with chronic conditions requiring ongoing treatment.

• Cannabis Products: The law permits medical patients to possess cannabis products for a 90-day supply. These products can take various forms, including edibles, inhalables, and topicals. Individual doses of these products may contain up to 10 milligrams of THC, providing patients with flexibility in their treatment.

Recreational Users:

Recreational cannabis users, while also enjoying legalized status are not legally able to purchase cannabis anywhere because recreational sales of marijuana has stalled indefinitely under current leadership in Virginia. Recreational users of marijuana that cultivate their own product have distinct possession limits:

• 1 Ounce Limit: Recreational users can possess up to 1 ounce (approximately 28 grams) of cannabis at any given time. This limit applies to the flower form of the plant.

• Home Cultivation: Similar to medical patients, recreational users are granted the privilege of cultivating cannabis in the privacy of their own homes. The law permits the growth of up to four cannabis plants per household.

State Taxes

Taxation plays a significant role in Virginia's cannabis framework, and it differs substantially for medical and recreational users.

Medical Patients

• Sales Tax: Medical users are subject to a 5.30% sales tax on cannabis purchases.

• Excise Tax Exemption: One notable benefit for medical patients is their exemption from the 21% excise tax applied to recreational cannabis if recreational sales of marijuana comes to Virginia.

Recreational Users

• Excise Tax: If recreational sales of marijuana ever come to Virginia which is not likely under the current administration then recreational users face a considerably higher tax burden, with a 21% excise tax on cannabis products. This tax is intended to generate revenue from recreational cannabis sales.

• Sales Tax: In addition to the excise tax, recreational users must pay a 5.3% sales tax on their purchases.

• Local Taxes: Depending on the locality, an additional up to 3% local tax may apply to recreational cannabis transactions.

Cultivation

Cultivation of cannabis is a privilege afforded to both medical patients and recreational users in Virginia:

• Four-Plant Allowance: Virginia law permits both medical patients and recreational users to cultivate up to four cannabis plants within the confines of their private residences. This provision allows individuals to exercise greater control over their cannabis supply and quality.

Medical Cannabis Laws

Virginia's medical cannabis program caters to individuals aged 18 or older who suffer from qualifying conditions. The program also extends to minors with the consent of a caregiver. 

Key features of medical cannabis laws in Virginia include:

• No Qualifying Conditions List: Virginia's medical cannabis program doesn't maintain a predefined list of qualifying conditions. Instead, physicians are empowered to recommend cannabis for any diagnosed condition or disease where cannabis may alleviate symptoms.

• Telemedicine Access: Medical cannabis certification in Virginia can be obtained through telemedicine, allowing patients to access this service from the comfort of their homes.

• No Out-of-State Recognition: Unfortunately, Virginia does not have medical marijuana reciprocity, meaning that a medical card obtained in another state is not considered valid within the state's borders.

Recreational Marijuana Laws

Recreational cannabis was officially legalized in Virginia in 2021, but the implementation of recreational sales has faced significant delays. While adults aged 21 and over can legally possess up to 1 ounce of cannabis and cultivate up to four plants at home, the absence of operational recreational dispensaries leaves recreational consumers in a legal gray area. As a result, the actual procurement of recreational cannabis remains challenging.

Conclusion

Virginia's evolving cannabis laws represent a significant shift in the state's approach to cannabis use. While recreational use is technically legal, the lack of operational dispensaries presents practical challenges for those seeking access. Consequently, obtaining a medical marijuana card remains a viable option for individuals looking to benefit from cannabis in Virginia. As the legal landscape continues to evolve, staying well-informed about Virginia's marijuana policies is essential for anyone interested in cannabis use within the state.

FAQs

1. What are the possession limits for recreational cannabis users in Virginia?

Recreational users in Virginia can possess up to 1 ounce (approximately 28 grams) of cannabis at any given time. Additionally, they are allowed to grow up to four cannabis plants in their private residences.

2. Are there different possession limits for medical cannabis patients?

Yes, medical cannabis patients in Virginia have different possession limits. They are allowed a 90-day supply of cannabis, which includes up to 4 ounces of botanical cannabis per 30 days and cannabis products with individual doses containing up to 10 milligrams of THC.

3. How does taxation work for cannabis in Virginia?

Taxation varies between medical and recreational cannabis users. Medical users pay a 5.30% sales tax but are exempt from the 21% excise tax. Recreational users, on the other hand, face a 21% excise tax, a 5.3% sales tax, and potentially an additional up to 3% local tax, depending on their locality.

4. Can I legally cultivate cannabis in Virginia?

Yes, both medical patients and recreational users in Virginia are permitted to cultivate up to four cannabis plants within the privacy of their own homes. This provision allows individuals to have more control over their cannabis supply.

5. What are the key differences between Virginia's medical and recreational cannabis laws?

While both medical and recreational cannabis are legal in Virginia, there are important distinctions. Medical cannabis is accessible to individuals with qualifying conditions, recommended by physicians, and comes with specific possession limits. Recreational use allows adults over 21 to possess limited quantities and cultivate plants at home, but the lack of operational dispensaries poses challenges for procurement.