Virginia was one of the first southern states to decriminalize marijuana — but “legal” doesn’t mean “risk-free.”
Even though adults can now legally possess small amounts of cannabis under state law, federal law still classifies marijuana as an illegal drug.
This creates confusion — and sometimes real legal danger — for Virginians who don’t understand the difference between state legality and federal prohibition.
A practical guide from Cardon Law. This is general information, not legal advice. If you’ve been charged or questioned in connection with marijuana in Virginia, contact David A. Cardon immediately.
1) What’s Legal Under Virginia Law — and What’s Not
Virginia allows limited personal possession and use of marijuana for adults 21 and over, but keeps strong restrictions on driving, selling, and growing.
| ⚖️ Activity | 📜 Code Section | 💡 Legal or Not? | ⚠️ Penalties if Violated |
|---|---|---|---|
| Possessing up to 1 ounce (age 21+) | § 4.1-1100(A) | ✅ Legal for adults 21+ | None (must be for personal use) |
| Possessing 1–4 ounces | § 4.1-1100(B) | ⚠️ Civil violation | $25 fine |
| Possessing 4 oz – 1 lb | § 4.1-1100(C) | ❌ Unlawful | Class 3 misdemeanor (up to $500 fine) |
| Possessing over 1 lb | § 18.2-248.1:1 | ❌ Felony | 1–10 years in prison, $250,000 fine |
| Public consumption | § 4.1-1108 | ❌ Illegal | $25 fine |
| Underage possession (under 21) | § 4.1-1105.1 | ❌ Illegal | $25 fine + mandatory substance abuse program |
| Selling or distributing | § 18.2-248.1 | ❌ Felony | Up to 10 years in prison |
| Driving under the influence (THC) | § 18.2-266 | ❌ Illegal | Same penalties as DUI – jail, fines, license suspension |
2) Driving With Marijuana in Your System
You can legally possess marijuana in Virginia — but it’s still illegal to drive under its influence.
Under § 18.2-266, it’s unlawful to operate a vehicle “while under the influence of any drug that impairs the ability to drive safely.”
Unlike alcohol, there’s no per se “legal limit” for THC.
Officers rely on:
- Physical indicators (bloodshot eyes, delayed reactions, odor, confusion),
- Field sobriety tests, and
- Blood test results showing the presence of THC metabolites.
Even if you smoked hours or days earlier, residual THC can appear in your system — leading to arrest and prosecution.
Penalties for Marijuana DUI
- Class 1 misdemeanor under § 18.2-270
- Up to 12 months in jail
- Fines up to $2,500
- 12-month license suspension
- Ignition interlock requirement and ASAP classes
Key takeaway: Legal possession doesn’t protect you from a DUI arrest if you’re suspected of impairment.
3) Selling, Sharing, or Transporting Marijuana
Virginia law draws a hard line between personal use and distribution.
Even “gifting” marijuana to a friend — without payment — can be considered illegal distribution under § 18.2-248.1.
Transporting Marijuana
- Marijuana must be in a sealed container and out of reach of the driver (e.g., in the trunk).
- Having it open or unsealed inside the vehicle is a civil violation ($25 fine).
- Large amounts or intent to sell raise the stakes to a felony offense.
4) Growing Marijuana at Home
Adults 21 and older may grow up to four plants per household under § 4.1-1101, but the law includes strict limits.
Rules for Legal Cultivation
✅ No more than four plants per household (not per person)
✅ Plants must be tagged with grower’s name, ID, and note: “For personal use”
✅ Must be grown out of public view and secured from minors
✅ Selling or gifting the marijuana you grow remains illegal
Violating these rules can result in:
- $25 fine for small infractions
- Misdemeanor or felony charges for multiple or untagged plants
5) The Federal Law Conflict: Marijuana Still Illegal Nationwide
Even though Virginia and many other states have legalized marijuana for personal use, federal law hasn’t changed.
Federal Status
Under the Controlled Substances Act (21 U.S.C. § 812), marijuana is still classified as a Schedule I controlled substance, along with heroin and LSD.
That means:
- Possession, cultivation, and distribution remain federal crimes, regardless of state law.
- It’s illegal to transport marijuana across state lines — even between two states where it’s legal.
- Federal property (military bases, federal parks, post offices, courthouses) follows federal law, not Virginia law.
What This Means for Virginians
You can legally possess marijuana under state law — but still be prosecuted federally if you:
- Carry it on a military base (like NAS Oceana or Fort Story),
- Bring it into a federal courthouse or post office, or
- Are caught by federal law enforcement officers (FBI, DEA, or federal park police).
Federal penalties under 21 U.S.C. § 844(a) include:
- Up to 1 year in jail for possession,
- Fines up to $1,000, and
- Collateral consequences such as loss of federal employment or security clearance.
Although federal prosecutors in Virginia rarely target small personal-use cases, the law remains enforceable — and federal jurisdiction overrides state legalization.
6) Defenses to Marijuana-Related Charges
Strong legal defenses depend on the facts of each case, but may include:
- Illegal search or seizure under the Fourth Amendment or § 19.2-60
- No proof of impairment in DUI-THC cases
- No constructive possession (marijuana found in a shared vehicle or residence)
- Invalid stop or lack of probable cause
- Laboratory or testing errors in THC analysis
A knowledgeable attorney can often get charges reduced, dismissed, or diverted into a deferred-disposition program.
7) Marijuana-Related Offenses Still Carry Consequences
Even civil-level violations can have lasting effects.
Convictions — even for misdemeanors — can:
- Show up on background checks,
- Affect professional licensing,
- Lead to driver’s license suspension, and
- Complicate security clearances or federal employment.
That’s why it’s critical to get experienced legal help early.
FAQ
Is marijuana fully legal in Virginia?
No. You can legally possess small amounts, but driving, selling, and public use remain illegal — and federal law still prohibits it entirely.
Can I be charged by both state and federal authorities?
Yes, though it’s rare. The same act can violate both sets of laws — federal jurisdiction always takes precedence.
Can I drive with marijuana in my car?
Only if it’s sealed and stored away from the driver. An open container can result in a fine.
Can I grow my own marijuana?
Yes — up to four plants per household, tagged and out of public view, under § 4.1-1101.
Can police still search my car if they smell marijuana?
No. Since July 2021, odor alone doesn’t create probable cause under § 4.1-1302).
Can I use marijuana if I work for the federal government or military?
No. Federal employees and service members are still prohibited from using or possessing marijuana, even off duty.
Charged With a Marijuana Offense in Virginia? Cardon Law Can Help.
Virginia’s marijuana laws are evolving — but federal law hasn’t caught up.
That means it’s still easy to make a mistake that turns into a criminal charge, especially with driving, distribution, or possession on federal property.
Cardon Law defends clients across Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Hampton Roads against marijuana-related charges — including possession, DUI, cultivation, and federal conflicts.
We’ll explain your rights, evaluate every defense, and fight to protect your record and your future.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
