What Is Legal Now for Adults 21 and Over in Virginia¶
This article provides general information about Virginia cannabis law, not legal advice.
The Cannabis Control Authority lists as legal: possession for personal use in a private residence; public possession of up to 2 oz.; home cultivation of up to four plants; and adult-sharing, the private transfer of 2 oz. or less between people 21 or older without exchanging anything else of value 11. It lists as illegal: selling or buying adult-use cannabis; growing plants visible to the public, or more than four at home; driving under the influence of cannabis; and storing cannabis open and accessible in a vehicle's passenger area 11.
The 2026 General Assembly and Governor Abigail Spanberger established a framework for a retail marijuana market to be administered by the Virginia Cannabis Control Authority (CCA) 1. That market does not yet exist for general adult retail purchases. The CCA is responsible for regulatory oversight of the Commonwealth's medical cannabis program, the adult-use retail market, and regulated hemp products 2.
The Road to Licensed Retail Sales¶
The CCA published a detailed implementation timeline for the retail marijuana market 3. Initial draft regulations were released in September 2026. The Cannabis Public Health Advisory Council began reviewing those regulations in October 2026 and was scheduled to complete its review in December 2026, at which point regulations would be finalized. Regulations were set to be published and take effect in January 2027. Conversion applications for pharmaceutical processors and industrial hemp processors or growers, along with some microbusiness license applications, were to open by February 1, 2027. The CCA faced a deadline of May 1, 2027 to issue certain initial licenses. Retail marijuana sales are scheduled to begin July 1, 2027 3.
The CCA will develop the regulations and establish the licensing process for businesses participating in the retail marijuana market, with information on licensing, application timelines, and eligibility requirements posted on the CCA's website as it becomes available 4.
What Licensed Retail Shopping Will Look Like¶
Hemp Products and Virginia's Per-Package Limit¶
Virginia's rules for hemp products changed significantly in 2026. Beginning August 15, 2026, a product with more than two milligrams of total THC per package cannot be produced or sold as a hemp product in Virginia 5 1 6. Virginia also eliminated the previous allowance, known as the 25:1 ratio, that had permitted a hemp product to exceed two milligrams of total THC per package if it contained 25 parts CBD for every one part THC 6 1.
Oversight of retail edible and inhalable hemp products transferred from the Virginia Department of Agriculture and Consumer Services (VDACS) to the CCA following the passage of House Bill 30 in June 2026 4.
For edible hemp products, Virginia labeling rules require that if a product contains THC, the label must state the number of milligrams of THC in each serving, the total milligrams of THC in the package, and the total percentage of THC in the package. A label stating only "less than 0.3% THC" does not satisfy this requirement 7. Edible hemp products must also be accompanied by a valid certificate of analysis from an ISO 17025 accredited laboratory 7.
The Federal Hemp Definition Change¶
The new federal statutory definition of hemp, enacted as part of recent federal legislation, defines hemp as the cannabis plant and any part of it with a total THC concentration, including THCA, of not more than 0.3 percent on a dry weight basis 8. This differs from the 2018 Farm Bill, which limited hemp to no more than 0.3% delta-9 THC on a dry weight basis. The new definition reflects that delta-9 THC is not the only potentially intoxicating THC in the cannabis plant 8.
For final retail hemp-derived cannabinoid products, the new federal definition limits combined total THC and other cannabinoids with similar effects to no more than 0.4 milligrams per container, meaning the innermost packaging in direct contact with the product for retail sale 8. How total THC must be calculated under the new federal definition has not yet been confirmed 9.
Where to Check the Official Rules¶
The Virginia Cannabis Control Authority is Virginia's official authority for cannabis regulation, covering cultivation through consumption 10. The CCA's website at cca.virginia.gov publishes laws and regulations related to Virginia's medical cannabis program and other cannabis laws 11, as well as hemp information and labeling and packaging requirements for regulated hemp products 6. Implementation milestones and licensing information for the retail marijuana market will be posted there as they become available 4.