Virginia MARIJUANA laws

Q: Are medical marijuana cards required in Virginia?

Yes . Virginia permits marijuana possession, but the only way to legally purchase products in VA is with a medical cannabis certification.

Q: Do I have to buy from a dispensary?

YES. To be protected under the Virginia Medical Marijuana Act you must purchase from a Virginia dispensary. Purchasing or selling elsewhere remains illegal. With your medical card, you can visit any state-authorized dispensary and legally purchase safe, high-quality cannabis products.

Q: Why is marijuana legal in Virginia but still illegal federally?

Virginia sets its own laws for what is allowed inside the state . But the federal government follows the Controlled Substances Act , which still treats marijuana as illegal nationwide. Because of this, both laws exist at the same time , and federal rules can still apply in certain situations.

A Guide to the Legal Landscape

Key Points

In Virginia, marijuana possession and consumption are legal.
However, you can only buy medical marijuana, not recreational.
Medical marijuana can only be purchased at state-authorized medical marijuana dispensaries.
To access dispensaries, patients must be certified by an authorized Virginia medical provider and possess a valid medical cannabis certificate.
It is illegal to buy or sell marijuana anywhere else in Virginia.
Starting in 2026, most Hemp THC products will be banned under federal law.
There are still consequences, including fines and jail time for possessing, consuming, distributing, or cultivating marijuana outside the boundaries of Federal and Virginia marijuana law.

Is Marijuana Legal in Virginia?

YES, but with restrictions. Let’s take a look at what is allowed:

With the passing of HB 2312 and SB 1406 in 2021, adult-use marijuana was legalized in Virginia. Under this legislation, adults aged 21 years and above are allowed to:

POSSESS up to one ounce (28 grams) of marijuana for personal consumption.
CONSUME marijuana in private homes, although owners of private homes may choose to restrict the use of marijuana within their premises if they so desire.
SHARE or transfer up to one ounce (28 grams) of marijuana with other adults aged 21 years or older without remuneration. But marijuana sharing involving financial considerations is illegal. Unlawful sharing includes situations where marijuana is given to another person in return for another transaction between the two parties; A gift of marijuana being advertised as compensation for the purchase of an item or patronage for a service; A gift of marijuana to another adult aged 21 years or older to compensate for a reciprocal transaction involving goods and services.
GROW four marijuana plants or fewer in a household (not per person). However, anyone who grows marijuana plants in a private home must ensure that the marijuana plants are not visible to the public; the place where the plants are planted is not accessible to persons under 21 years old; they attach a tag to each plant legibly bearing the name of the person, their ID number, or driver’s license number. They should also attach a note that the marijuana plant is grown for personal use as authorized by the law.

What Are the Marijuana Laws in Virginia?

So, what are the specific laws about marijuana in Virginia? Here are the details.

Both medical marijuana and adult-use marijuana are legal in Virginia. The House of Delegates, through HB 2218, and the Senate, through SB 1333, voted in support of the use of extracts of marijuana for pharmaceutical purposes in 2021. The bill made Virginia the 34th state in the U.S. to enact a comprehensive medical cannabis law. Again, the House of Delegates voted to support adult-use marijuana with HB 2312, and the Senate did the same with SB 1406. The signing of the bill into law by the governor in April made Virginia the 16th state in the United States and the first southern state to legalize the recreational use of marijuana. However, no sales mechanism has yet been implemented.

Section 18.2-251.1 of the Code of Virginia makes it lawful to have medical marijuana in your possession if you have a valid certification from a doctor. The law makes it lawful for pharmacists to dispense marijuana or medical products containing marijuana when it is done in their professional practice.
Section 4.1-1100 of the Code of Virginia, as updated in 2021, makes it lawful for persons aged 21 years and older to possess not more than one ounce (28 grams) of marijuana in any public place. Violating this provision makes a person liable to a civil penalty of not more than $25. Other than persons licensed by the government to operate a marijuana establishment, anyone having more than one pound of marijuana in their possession will be charged with a felony. Such an offense could make them liable to imprisonment of one to ten years and a fine of not more than $250,000.
Section 4.1-1107 of the Code of Virginia makes it unlawful for anyone to consume marijuana or marijuana products while driving a motor vehicle on a public road. It also makes it unlawful to consume marijuana or marijuana products as a passenger in a motor vehicle that is being driven on a public road.
Section 4.1-1108 of the Code of Virginia, as updated in 2021, makes it unlawful for anyone to consume or offer marijuana or marijuana products to other persons in any public place.
Section 4.1-1109 of the Code of Virginia makes it unlawful for any person or organization to possess, serve, or consume marijuana or marijuana products on the premises of elementary or secondary schools during school activities.
Section 4.1-1110 of the Code of Virginia makes it unlawful for anyone to possess or consume marijuana or marijuana products while operating a school bus and transporting children. The offense is considered a Class 1 misdemeanor.
Section 4.1-1112 of the Code of Virginia makes it unlawful to transport marijuana or marijuana products in motor vehicles used to transport passengers. However, there may be an exemption if the marijuana is carried by a passenger transported for compensation at the regular fare that other passengers are charged.

Where Can I Purchase Recreational Marijuana in Virginia?

NOWHERE. Here’s the situation: While it is legal to possess and consume cannabis for recreational purposes in Virginia, it is still illegal to purchase cannabis anywhere except at state-authorized dispensaries. To do that, you must be a qualified patient and have undergone a medical evaluation and certification. Confusing, right?

Is Medical Marijuana Legal in Virginia?

YES. Virginia legalized medical marijuana in 2018 and began selling it in July 2020 at the first state-regulated dispensaries. The program has since blossomed to 24 dispensaries across Virginia, allowing patients to purchase medical cannabis products from clean, safe, reputable facilities throughout the Commonwealth.

Under this program, patients obtain a certification from a qualified Virginia healthcare practitioner, which enables them to purchase medical marijuana from these licensed dispensaries.

Governed by the Virginia Cannabis Control Authority, the program has developed extensive regulations governing the cultivation, production, and distribution of medical marijuana. This regulatory structure ensures that products are grown and produced responsibly, thoroughly tested to ensure purity and safety, and properly packaged and labeled. The CCA has also developed specialized educational programs for healthcare professionals, providing access to up-to-date scientific and medical information on marijuana and guidance.

This is the only way to purchase cannabis in Virginia, and ReThink-Rx can help.

What Conditions Will Legally Qualify me in VA?

Qualified Virginia medical providers can recommend a medical card for any patient they believe can be helped with cannabis therapy. At ReThink-Rx, we are committed to helping you find relief with this natural therapy. We will consider all medical conditions when determining a patient’s eligibility. CLICK HERE for examples of conditions that may qualify.

Federal vs. Virginia State Cannabis Laws

In Virginia, cannabis is legal in several ways (including adult possession and the medical cannabis program). But under federal law, cannabis is still treated as an illegal controlled substance. That creates a “two-law” problem: you can be following Virginia law and still be at risk under certain federal rules.

The key idea: State law can’t “erase” federal law

Virginia can decide what is legal inside Virginia. But federal agencies (and federal rules tied to federal benefits, licenses, and safety regulations) can still apply in many situations—especially when something involves:

Federal forms and background checks
Federally regulated jobs (DOT)
Federal licenses (FAA pilot medical, etc.)
Federally subsidized housing and benefits

That’s why cannabis can be “legal here” and still create consequences “over there.”

What is the Controlled Substances Act?

The Controlled Substances Act of 1970 (CSA) is the main federal law that puts drugs into five “Schedules” (Schedule I through V). The schedule is based on medical use, safety, and the risk of abuse. Historically, marijuana has been in Schedule I, the most restrictive category.

“Rescheduling to Schedule III”: What’s happening now

There is an active federal process underway that could move marijuana from Schedule I to Schedule III. Here’s the timeline, at a high level:

August 29, 2023: HHS recommended moving marijuana to Schedule III.
May 21, 2024: DOJ/DEA published a proposed rule to reschedule marijuana to Schedule III (this is not final yet).
December 18, 2025: A White House action directed the government to complete work related to rescheduling and research expansion, but it still does not make marijuana federally legal on its own.

Rescheduling cannabis schedule has important consequences for patients, and is a welcome change. CLICK HERE to learn more about the benefits.

Important for patients: Federal agencies are still treating marijuana as Schedule I until any rescheduling is finalized (and many federal “safety” rules can remain strict even after rescheduling). Also, even if marijuana becomes Schedule III, that does not automatically mean “federally legal for everyday use.” It means it would be regulated differently under federal law, often more like other controlled prescription medications.

Federal versus State Laws: Affects on Virginia patients in real life

The differences between Virginia’s cannabis law and federal cannabis law create some conflicts. States are allowed to make their own marijuana laws, and Virginia has done that. Possession and consumption are legal, and we have a well-developed medical marijuana program to allow access. However, some aspects of daily life in Virginia are governed by federal law. Navigating the grey area this creates can be challenging. Let’s look at some examples.

1) Firearms and gun purchases

This is one of the biggest “federal vs. state” conflicts.

Federal law (the Gun Control Act) prohibits firearm possession for certain people, including an “unlawful user” of a controlled substance.
ATF guidance has long stated that marijuana remains unlawful under federal law even if a state allows medical use, and it instructs federally licensed gun dealers to treat marijuana users as prohibited from purchasing firearms.
The federal firearm purchase form (ATF Form 4473) includes a specific warning that marijuana remains unlawful under federal law regardless of state legalization.

What this means for patients: If you use cannabis—even medically in Virginia—federal firearm rules can still create serious risk, especially when purchasing through a licensed dealer or answering federal forms.

Note: Court decisions in this area can evolve, and enforcement can vary. But the current federal forms and agency guidance remain very clear on the federal position.

2) CDL (commercial driver’s license) and DOT-regulated jobs

If your job is regulated by the U.S. Department of Transportation (DOT) (truck drivers, many safety-sensitive roles), the rules are stricter than typical “state legal” rules.

DOT has stated that marijuana use is unacceptable for safety-sensitive employees, and as of December 19, 2025, DOT emphasized that marijuana remains Schedule I until rescheduling is completed.
FMCSA (the federal motor carrier regulator) says a person is not medically qualified to drive a commercial motor vehicle if they use a Schedule I controlled substance like marijuana.
DOT rules do not treat a doctor’s recommendation (or state medical status) as a valid reason to “excuse” a positive marijuana test under current federal testing rules.

Bottom line: If you have a CDL or a DOT-tested job, cannabis use can still threaten your job—even if it’s legal in Virginia.

3) Pilot licensure and FAA medical certification

Aviation is heavily federal.

FAA guidance for safety-sensitive employees notes that a verified positive marijuana test can make a pilot unqualified for an FAA medical certificate.
FAA also warns that transporting controlled substances (including marijuana) can trigger major enforcement actions.

Practical takeaway: If you fly professionally (or need an FAA medical), cannabis can create serious certification risk because FAA rules follow federal law.

4) Federally subsidized housing (Section 8, public housing)

Even if Virginia law allows cannabis, federal housing rules can still prohibit it.

HUD’s published guidance says PHAs may not grant a “reasonable accommodation” for medical marijuana use because marijuana remains illegal under federal law, and HUD prohibits admission of marijuana users to HUD-assisted housing (including medical marijuana users).

Practical takeaway: If you rely on HUD-assisted housing, cannabis use can put housing status at risk.

5) Government benefits and “subsidies” (SSDI/SSI, etc.)

This topic is more “case-by-case” than firearms or DOT, but the conflict still matters because these are federal programs.

Federal agencies can treat marijuana differently from how Virginia does, and cannabis use may become a complicating factor depending on the program, paperwork, and circumstances. (For example, decision-makers may look at functioning, compliance, safety, or other issues.)

Practical takeaway: Cannabis use does not automatically cancel federal benefits in every case, but it can create complications—especially if it affects work ability, compliance with treatment, or program rules.

Virginia law still matters (and helps patients), but it doesn’t cover everything

Virginia law allows certain possession by adults and operates a regulated medical cannabis program. But because cannabis policy is split between state and federal systems, patients should be careful with federal forms, federal jobs, and federal benefits.

Do I Really Need a VA Medical Marijuana Card?

YES. Some people may wonder whether they really need a medical card. For them, it might seem like more trouble and money than necessary. But remember, marijuana is federally illegal and is only available for sale in Virginia through the medical marijuana program. A Virginia medical marijuana card is the only way to access state dispensaries. This card is your license to purchase and possess medical marijuana legally.

Additionally, the card provides other significant benefits, such as protection against employment discrimination, court-ordered drug screening, and housing discrimination. It can provide access to dispensaries in other states and reduce social stigma regarding cannabis therapy. Some people have even used their MMJ card to help support their DUI and child custody cases. But, as with everything, there are limitations to these protections. Be informed and smart. Always consult with a qualified legal expert when navigating these waters.

Where to Get a Legal Medical Marijuana Card in VA?

Some primary care doctors will write certificates, but most do not. The majority of Virginia medical providers are not qualified.

But finding the right medical provider in Virginia can be tricky. The Virginia Department of Health Professions maintains a list of registered practitioners. You can search that database for one near you. But then you must register as a patient, schedule an appointment, drive to their office, pay their fee, wait in the waiting room, and finally meet the provider. Many are not trained in cannabis therapy, and typical fees run between $150 and $300.

Is it Legal to Get a Medical Marijuana Card Online in VA?

YES. Virginia law allows the use of telemedicine to connect patients with authorized medical specialists, such as ReThink-Rx, to obtain a medical card online.

Telehealth offers numerous benefits. 1) It enhances access to specialty medical services like ours, particularly for individuals in remote or underserved areas, by eliminating geographical barriers. 2) It saves time by eliminating time spent planning, traveling, and meeting. This improves healthcare outcomes by avoiding delays in access. 3) It typically saves patients money. Telehealth providers like ReThink-Rx offer lower fees than in-person practices.

ReThink-Rx has fully embraced telehealth, making it easy, private, and affordable to get a medical card. Our providers are highly trained and experienced cannabis specialists, and our support staff is caring and helpful. Together, we have issued over 10,000 cannabis certifications to satisfied Virginian patients.

Where are the Best Legally-Compliant Marijuana Doctors in VA?

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THE BEST. In Virginia, there are a few medical cannabis certification options. But ReThink-Rx stands solidly above the others. We provide an unrivaled experience for Virginians seeking convenient and reliable access to medical marijuana. With our commitment to professionalism and innovation, we are the best choice for those navigating Virginia’s medical cannabis landscape.

5-STAR CARE. First and foremost, ReThink-Rx is proud of our team of respected healthcare professionals who specialize in medical cannabis evaluation. Our experts possess a solid understanding of Virginia’s medical marijuana program, ensuring that patients receive comprehensive and accurate assessments for certification. Our providers offer personalized care, considering individual medical histories and conditions.

EASY. What sets ReThink-Rx apart is its seamless online platform. Using cutting-edge technology, ReThink-Rx streamlines the certification process, eliminating the need for in-person visits. This convenience is particularly valuable for patients with mobility constraints or those residing in more remote areas. Out technology creates a hassle-free experience, enabling individuals to complete the certification process from the comfort of their own homes.

SAFE. ReThink-Rx prioritizes patient privacy and data security. Our state-of-the-art encryption protocols and stringent privacy measures ensure the utmost confidentiality of sensitive information. Patients can confidently share their medical history and discuss their conditions, knowing their data is safeguarded.

ONGOING SUPPORT. But, our commitment to excellence extends beyond certification. At no additional charge, we provide ongoing support and education to patients, equipping them with the knowledge needed to make informed decisions about their medical cannabis journey. Our comprehensive resources, including educational materials and ongoing access to cannabis experts, empower patients to navigate Virginia’s medical marijuana program with confidence.

AFFORDABLE. Access to quality care means nothing if not affordable. We believe every patient, regardless of means, deserves affordable care. This is why ReThink-Rx is one of the most affordable.

In the realm of online medical cannabis certification, ReThink-Rx reigns in Virginia. Combining expertise, convenience, privacy, and support, we offer a holistic solution for patients seeking access to the benefits of medical marijuana. By choosing ReThink-Rx, Virginians can embark on their medical cannabis journey with assurance, knowing they have made the best choice for their healthcare needs.

Save time, trouble and money. Start your medical cannabis journey today with the professionals at ReThink-Rx.

ReThink-Rx Legal Disclaimer

Important Legal Notice
The information on this page is for educational purposes only and does not constitute legal advice. Cannabis laws in the United States involve a complex overlap of state and federal rules, and how those laws apply can vary based on your job, housing, licenses, and individual circumstances.

ReThink-Rx certifies patients under Virginia law for therapeutic cannabis use. We are medical professionals, not attorneys. We do not provide legal opinions and cannot advise on firearms, employment, licensing, housing, or federal benefits. Patients with questions about these issues should consult a qualified attorney or the relevant federal agency.

Our mission is to help patients understand both the medical benefits of cannabis and the real-world legal limitations that still exist—so you can make informed, responsible decisions about your care.

Virginia Marijuana Law Frequently Asked Questions

Are medical marijuana cards required in Virginia?

Yes. Virginia permits marijuana possession, but the only way to legally purchase products in VA is with a medical cannabis certification.

How do I qualify?

Qualifying for certification is fairly straightforward. You need a medical condition that may be helped with medical marijuana and must be approved by a licensed medical provider. Our specialists approve more than 99% of patients.

Click HERE to learn more.

How old do I need to be?

ReThink-RX provides our services to those over the age of 18.

Special consideration will be given to patients under age 18, but must be arranged by their parent or guardian and must be approved for evaluation beforehand by the doctor.

Do I have to buy from a dispensary?

YES. To be protected under the Virginia Medical Marijuana Act you must purchase from a Virginia dispensary. Purchasing or selling elsewhere remains illegal. With your medical card, you can visit any state-authorized dispensary and legally purchase safe, high-quality cannabis products.

What are the possession and cultivation rules in VA?

As of July 1, 2021, according to VA marijuana laws, adults over 21 years old can legally possess up to one ounce of marijuana. Individuals without a medical marijuana card will not be able to purchase cannabis until adult-use cannabis sales start, probably sometime in 2027.

The state of Virginia’s cannabis legalization statutes allow adults over 21 to cultivate up to four marijuana plants per household. Adults may share up to one ounce of cannabis in a private residence if there is no payment exchanged between parties.

Will my insurance or Medicaid pay for my treatment?

At this time, insurance and Medicaid will not cover the cost of your card or medical product. This is due to the Federal prohibition of cannabis by the Controlled Substances Act. We hope that cannabis will soon be removed from this Act and that patients will be able to get the financial assistance they need to access this important therapy. Meanwhile, ReThink-Rx has positioned our pricing to make it affordable for those of lesser means.

Can I travel with my medical marijuana?

Marijuana is still illegal under federal law, both medical and recreational, which means it’s illegal to transport medical marijuana across state lines. This applies even if you traveling from one legal state to another.

Can I use my Virginia medical card in other states?

Yes–there are some states that allow patients with Virginia medical marijuana cards to purchase medical marijuana products from their dispensaries. Currently, Washington D.C. is the only territory that allows Virginians to do so without any exceptions. The following states also offer reciprocity, though there are some exceptions:

Arizona
Arkansas
California
Maine
Missouri
Montana
Nevada
New Hampshire
New Jersey
New Mexico
Oklahoma
Rhode Island
Utah
West Virginia

Since there are exceptions to those states’ reciprocity laws, make sure you do your research before trying to purchase medical marijuana in those states with your Virginia MMJ card.

Can I get fired for smoking medical marijuana at work?

Employers are not required to accommodate the use of medical marijuana in the workplace. So yes–you can get fired for consuming medical marijuana products at work, even if you obtained them legally. There are specific protections, however, against being terminated, disciplined or discriminated against as a result of an employment drug screen.

Why is marijuana legal in Virginia but still illegal federally?

Virginia sets its own laws for what is allowed inside the state. But the federal government follows the Controlled Substances Act, which still treats marijuana as illegal nationwide. Because of this, both laws exist at the same time, and federal rules can still apply in certain situations.

What does “rescheduling to Schedule III” mean?

Right now, marijuana is still federally classified as Schedule I. The federal government is in the process of moving it to Schedule III, which would recognize medical use and allow more research.

Important:
Even if marijuana becomes Schedule III:

It would not automatically become federally legal
Many federal safety rules (jobs, licenses, testing) may stay strict
State laws and federal laws would still not fully match

Can I own or buy a gun in Virginia if I use medical cannabis?

This is one of the most confusing areas.

Federal firearm law treats marijuana users as “unlawful users” of a controlled substance under federal rules. The Bureau of Alcohol, Tobacco, Firearms, and Explosives requires licensed gun dealers to follow federal law—not state law.

What this means:

Buying a gun from a licensed dealer can still be risky
Federal purchase forms clearly warn that marijuana remains illegal under federal law
State legality does not cancel federal firearm rules