Virginia
Adult Use
In 2021, Virginia became the first state in the South, and the 17th in the country, to legalize adult-use cannabis. As a result, adults in Virginia can legally possess and share up to one ounce of cannabis and cultivate up to four cannabis plants at their primary residence.
The first legal sales in the state were originally scheduled for January 1, 2024. However, the legalization bill signed into law by then-Governor Ralph Northam required lawmakers to pass another adult-use measure. Unfortunately, efforts to pass a follow-up adult-use measure have failed. As such, adult-use cannabis sales remain illegal and unregulated, leaving the state in a precarious position.
The failure to establish a legal marketplace is also in large part due to the fact that Governor Glenn Youngkin is disinterested in allowing legal adult-use cannabis sales in the State of Virginia. In fact, in 2022, Governor Younkin blocked legislation that could have launched legal adult-use cultivation and sales in the summer of 2024. Since then, Governor Youngkin has been near-silent on the issue, even as unlicensed delivery services and illicit “gifting” stores that sell cannabis for nearly half the price charged at Virginia’s legal medical marijuana dispensaries continue to appear across the state.
Despite the foregoing, the General Assembly has convened for its 2024 legislative session, and bills to legalize and regulate adult-use cannabis sales have been introduced in both the House (HB 698) and the Senate (SB 448). Both measures would launch legal, regulated marijuana sales beginning next year, though significant differences remain in terms of timing, licensing, taxes, social equity, criminal penalties, and whether cultivators would be able to grow cannabis outdoors.
Although Governor Youngkin has not expressed whether he would veto another retail marijuana the bills currently before the legislature, many predict he would veto any legal sales legislation that lawmakers send to his desk. Regardless, as more illicit stores continue to open, Virginia lawmakers should consider advancing a measure that quickly opens legal retailers and is straightforward enough to be agreeable to the governor.
Hemp
Industrial hemp cultivation for commercial purposes became legal in Virginia in 2019 with the passage of the Virginia Industrial Hemp Law (§ 3.2-4900 et seq. of the Code of Virginia). The Virginia Department of Agriculture and Consumer Services (VDACS) is the regulatory body overseeing the licensing and oversight of industrial hemp production.
Types of Hemp Licenses
VDACS issues three types of licenses for industrial hemp activities:
- Industrial Hemp Grower Registration – This license is required for individuals or businesses cultivating industrial hemp. The annual fee is $150. Applications are accepted on a rolling basis (§ 3.2-4903: Code of Virginia).
- Industrial Hemp Dealer License – This license is needed for businesses processing, storing, selling, or transporting industrial hemp or industrial hemp products within Virginia. The annual fee is $250 (§ 3.2-4903: Code of Virginia).
- Regulated Hemp Product Retail Facility Registration – This registration is required for retail establishments selling smokable hemp products or edible hemp products containing THC. The annual fee is $1,000 (§ 3.2-4912.1: Code of Virginia).
License Acquisition Process
All applications for hemp licenses and registrations are submitted to VDACS. The application process generally involves:
- Completing and submitting the appropriate application form.
- Paying the required application fee.
- Submitting a criminal background check for all individuals involved in the operation.
- Providing a detailed plan for hemp cultivation, processing, or sales (depending on the license type).
- Passing an inspection of the proposed growing or processing facility by VDACS.
Restrictions
- THC Levels: Industrial hemp must contain no more than 0.3% delta-9 tetrahydrocannabinol (THC) on a dry weight basis (§ 3.2-4901: Code of Virginia).
- Seed Source: Hemp seeds used for cultivation must be sourced from a licensed Virginia dealer or from a reputable source approved by VDACS (§ 3.2-4904: Code of Virginia).
- Testing Requirements: All hemp crops must be tested by an independent laboratory for THC content before harvest (§ 3.2-4908: Code of Virginia).
- Edible and Smokable Products: Retailers selling edible or smokable hemp products containing THC must comply with additional regulations, including:
- Child-resistant packaging (§ 3.2-4912.1: Code of Virginia)
- Specific labeling requirements (§ 3.2-4912.1: Code of Virginia)
- Submission of an Edible Hemp Products Disclosure Form
Psychedelics
Psilocybin, psilocyn, peyote, and ibogaine are currently classified as Schedule I substances under Virginia’s Drug Control Act. Schedule I substances are considered to have a high potential for abuse and no currently accepted medical use in treatment in the United States.
- Ketamine and Telehealth Laws – Ketamine is a medication currently used off-label for treatment-resistant depression and other mental health conditions. Virginia allows the use of ketamine for these purposes, but it must be administered by a licensed healthcare professional in a healthcare setting. Telehealth consultations may be used in conjunction with ketamine treatment, but specific regulations may apply.
- State Right to Try – Virginia does not currently have a Right-to-Try law. These laws allow terminally ill patients to access investigational drugs that have not yet been approved by the FDA.
- State Religious Exemptions – Virginia does not have any specific laws regarding religious exemptions for psychedelic use. Federal laws control religious exemptions for controlled substances, and these exemptions are narrowly applied.
Legislative Developments
- Psilocybin Decriminalization – House Bill 898 (2022) and Senate Bill 262 (2022) aimed to decriminalize psilocybin possession for individuals aged 21 and over, changing the penalty from a felony to a civil offense. Neither bill passed.
- Psilocybin for Medical Treatment – House Bill 1513 (2023) proposed allowing psilocybin possession with a valid prescription for specific conditions. The bill did not advance beyond committee.
- Psilocybin Advisory Board – Senate Bill 932 (2023) proposed establishing a Psilocybin Advisory Board to explore therapeutic access and potentially reclassify psilocybin. The bill passed the Senate but has not yet been voted on by the House of Delegates.
While there is currently no legal use of psychedelics for recreational or therapeutic purposes in Virginia, recent legislative efforts indicate a growing interest in exploring the potential benefits of these substances. It’s important to stay up-to-date on any changes in the legal landscape.
Check Other States Licensing Guide
- Adult Use
- Medical
- Limited Medical
- Illegal
Where to Find Us
Address
Contact INFO
PHONE: 786-526-1155
EMAIL: info@mrcannabislaw.com
