VA Marijuanas Legalized FAQ

The VA marijuanas legalized have made it possible for many people to medicate in a potentially healthy and effective way. From flower to oils and extracts, patients have the opportunity to try a multitude of products to determine whether they’re helpful as a treatment.

Many users of the plant claim to have experienced tremendous benefits in treating a variety of illnesses and disease states with little to no side effects. But just because VA marijuanas legalized for medicinal use doesn’t mean it will work for everyone.

As with any medication, there are still dangers associated with using medical marijuana in an irresponsible manner. Keep in mind, more research is essential to truly determine the efficacy of VA marijuanas legalized for treatment purposes.

This post aims to clear up some common questions about VA marijuanas legalized for medicinal use. By the end of this article, you'll understand the state of Virginia's laws for cannabis consumption, distribution, and cultivation.

VA Marijuanas Legalized for Medical Use FAQ

Where can I buy cannabis in Virginia?

As a patient, you can buy marijuana in Virginia via a dispensary. However, patients are only allowed to purchase cannabis from state-authorized dispensaries. As such, patients cannot currently purchase cannabis online and have it delivered to their doors — yet — however, we do see this change coming down the pipeline as well.

Can I order cannabis from a legal state?

Even if you are a medical cannabis patient, you cannot order online from other legal states. Unfortunately, it's still illegal to import or transport marijuana from state to state.

Can I buy seeds in Virginia?

At this point, you cannot purchase seeds in Virginia. The state defines "marijuana" to include seeds. Here's the definition as outlined by § 4.1-600. Definitions. (Effective July 1, 2021):

"Marijuana" means any part of a plant of the genus Cannabis, 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. "Marijuana" 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 Cannabis. "Marijuana" 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?

At this point, it's illegal to buy cannabis seeds online. While some websites might claim the sale of these seeds is for novelty purposes only, this is still prohibited.

Can my business give away or sell seeds or clones?

"Adult-sharing" does not allow businesses to sell or give seeds or clones away. If any of these are given away contemporaneously with some other reciprocation between two parties, it's illegal. But what's problematic here is that gifting marijuana offered or advertised with another offer for selling goods or services is also an issue. Gifting marijuana is allowed, but not if it's contingent on another reciprocal transaction for services or goods. Thus, businesses cannot give away or sell clones or seeds.

Is it legal to give away seeds, plants, or cannabis in public?

Giving away any type of cannabis in public is not illegal. According to § 4.1-1108, "Consuming marijuana or marijuana products, or offering to another, in a public place; penalty." Here's what this section says:

A. No person shall consume marijuana or a marijuana product or offer marijuana or a marijuana 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.

Can I open a consumption venue for cannabis?

The regulations say that this is a no-go. "Public place" is defined as any building, place, or conveyance that the public has or is allowed to have access to. This includes soda fountains, restaurants, hotel dining areas, parks, places of public resort or amusement, streets, lanes, sidewalks, etc.

My plants will produce more than one ounce. Is that legal?

Virginia state law outlines that "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 marijuana." However, there isn't a law that states what an adult 21 years or older can have in private for personal consumption.

How much concentrate/edible can I possess?

Since the Virginia Cannabis Control Authority has not enacted regulations for concentrate and edible possession, there is no equivalent possession limits. Thus, we must wait for the Virginia Code to define how much a person can legally possess on their person or in public.

However, here's what the law has to say about possession of marijuana and marijuana products:

§ 4.1-600. Definitions. (Effective July 1, 2021)

"Marijuana products" means (i) products that are composed of marijuana and other ingredients and are intended for use or consumption, ointments, and tinctures or (ii) marijuana 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 marijuana and marijuana products;

§ 4.1-1100. Possession, etc., of marijuana and marijuana 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 marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board."

What about cannabis paraphernalia in VA?

On July 1, 2021, a new definition of "marijuana paraphernalia" became effective. However, the state still needs § 18.2-265.1 enacted by the 2022 General Assembly to make it law. However, equally important to keep in mind is that the legislative intent here is not to legalize cannabis for adult use, possession, and cultivation while still criminalizing the devices essential for these activities to happen.

This is outlined in § 4.1-600:

§ 4.1-600. Definitions. (Effective July 1, 2021)

"Marijuana 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 marijuana.

Can I be fired for testing positive?

If you're not a cannabis patient, you can definitely get fired for testing positive for THC in Virginia. While some protections are given to MMJ patients, these limited employment protections are solely for registered medical marijuana patients in VA.

Will I lose my guns as a medical marijuana patient in VA?

An individual's ability to own firearms is contingent on how they answer their background check question as it relates to cannabis use. Learn more about concealed gun laws and medical cannabis now.

What Do I Need to Get a Medical Card in Virginia?

Legal retail marijuana sales are allowed at licensed dispensaries and registered medical patients can obtain their medicine at these locations. If you're not registered yet, you'll need to get certified to become part of the Virginia medical cannabis program.

The only way to be eligible for the Virginia medical cannabis program is with a doctor's recommendation. Each patient must have one of the approved debilitating conditions.

Learn more about how to register for Virginia's medical cannabis program now. Or, feel free to contact us to schedule your consultation and complete the first step to obtaining your access to medical marijuana in Virginia.