Learn The Facts
Cannabis Legalization In Virginia: A Short History
The Cannabis Control Authority is Virginia’s official agency responsible for guiding the safe and legal use of cannabis — from cultivation to consumption.
Below is a brief history of cannabis legalization in Virginia, spanning from 1979 to the present. The original content is available on their official website: https://cca.virginia.gov/laws/history.
1979
The Virginia General Assembly eliminated prosecution for possession of marijuana if a recommendation was provided by a doctor for the treatment of cancer or glaucoma.
- The law, however, did not create a legal process for patients to obtain medical cannabis.
2002
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A federal circuit court ruled that doctor’s “recommendations” are protected by the First Amendment as a form of speech.
2015
The Virginia General Assembly authorized possession of marijuana based on a doctor’s recommendation and prohibited prosecution of patients and parents or legal guardians of patients with epilepsy who possessed cannabidiol (CBD), provided they could show a doctor’s certificate for treatment.
Neither the 1979 nor the 2015 laws legalized possession of marijuana products aside from CBD and tetrahydrocannabinol (THC) oils.
2018
The Virginia General Assembly broadened the authorization of medical cannabis use for any medical condition.
The law also authorized the Virginia Board of Pharmacy to license pharmaceutical processors and established procedures for the distribution of medical cannabis.
Patients were required to obtain a registered physician’s recommendation and register with the Virginia Board of Pharmacy at a rate of $50 per year.
2019
The Virginia General Assembly passed three laws clarifying the right to use CBD and THC oils.
Physician assistants and nurse practitioners were authorized to register with the Virginia Board of Pharmacy to write certifications for medical cannabis patients.
The Virginia General Assembly expanded the right to sell medical cannabis in edibles and other packaged forms, excluding marijuana flower.
2020
Legislators increased access to medical cannabis in 2020 by eliminating the requirement for pharmacists to be on-site for the cultivation of plants, allowing the five authorized processors to establish five additional off-site cannabis dispensary facilities within their designated health service area.
The Virginia General Assembly changed the law regarding non-medical use of marijuana for the first time by decriminalizing marijuana use.
2021
The Virginia General Assembly legalized possession of up to one ounce of marijuana.
The Virginia Cannabis Control Authority (CCA) was created.
The Virginia General Assembly enacted legislation allowing Virginians to grow up to four marijuana plants per household after July 1, 2021.
2022
The Virginia General Assembly did not reenact the legislative framework for a retail market.
In response to delays with medical cannabis patient registration applications, the Virginia General Assembly eliminated the requirement for patients who had been certified by a registered practitioner to register with the Virginia Board of Pharmacy.
Dispensaries were allowed to sell medical cannabis to patients once patients had a written certification.
2023
- The Virginia General Assembly passed legislation transitioning regulatory oversight of the medical cannabis program from the Virginia Board of Pharmacy to the CCA, effective January 1, 2024.
2024
- The CCA assumed regulatory oversight of Virginia’s medical cannabis program on January 1.
Why Is Cannabis Being Legalized In Virginia and Across America
In reviewing past American history:
When alcohol was finally legalized
When state lotteries were established
When gambling casinos became legal
All of these activities — once illegal and untaxed — became heavily regulated. In turn, the government began reaping billions in tax revenues while significantly curbing previously “unchecked” illegal operations.
The Legalization of Cannabis Is Based on the History of Moonshining Liquor, Running Numbers, and Illegal Gambling
By developing alternatives to these once “illegal” activities, states were able to, by law, form entirely new industries that are now both heavily regulated and taxed at every level in which they operate.
From an economic development perspective, these former “illegal” activities evolved into legitimate, fully regulated, and taxed industries. They now provide high-paying jobs, stable careers for many, and a new tax base for governments—all while removing such activities from the unenforceable shadows of society.
Once these activities were legalized, their former underground operations essentially disappeared.
The same transformation is now occurring with cannabis across America. The process is difficult and far from seamless, involving many twists, turns, and course corrections. Yet, eventually, a fully legal, regulated, and taxed cannabis industry will emerge—nationwide and in Virginia as well.
Issues With Developing a New Cannabis Industry
A major concern—and one that lawmakers must address—is how new laws and regulations will effectively eliminate street dealers and the countless “smoke shops” and “tobacco shops” now found on nearly every corner of our neighborhoods.
Many of these illegal operators remain the primary source of products for our children and grandchildren. In addition, the rise of cannabis “delivery services” in Virginia has grown exponentially, creating yet another avenue through which young people can gain access.
As lawmakers shape the framework for a legal cannabis industry, they must also develop clear and effective methods to address these ongoing challenges and remove these illicit elements from the market.
History of Significant Changes in Virginia’s Cannabis-Related Laws:
According to the Cannabis Control Authority website, Virginia began its path toward cannabis legalization in 1979. Current developments indicate that adult-use cannabis may become fully legal in 2026.
In 2018, “the Virginia General Assembly broadened the authorization of medical cannabis use for any medical condition… thereby authorizing the Virginia Board of Pharmacy to license pharmaceutical processors and establish procedures for the distribution of medical cannabis.”
Exploring Today’s Legislative Cannabis Landscape in Virginia
Timeline of Governor Northam’s efforts and the key legislative milestones that have brought Virginia to its current position on cannabis legalization.
Gov. Ralph Northam Era
2017 – Medical Cannabis Law Enacted
Virginia passes a comprehensive medical cannabis law allowing CBD/THC-A oil access for epilepsy patients.
2018 – Medical Access Expanded
The Virginia General Assembly authorizes medical cannabis use for any diagnosed condition and empowers the Virginia Board of Pharmacy to license pharmaceutical processors.
2020 – Decriminalization
Simple possession is decriminalized, replacing criminal penalties with civil fines.
2020 – Police Search Restrictions
Law enforcement is restricted from using the odor of cannabis alone as probable cause for searches.
2021 – Legalization & Regulation Framework
Governor Ralph Northam signs HB 2312/SB 1406, legalizing possession of up to one ounce for adults 21+, home cultivation of up to four plants, and sharing small amounts.
Creates the Virginia Cannabis Control Authority and lays out a framework for retail sales and taxation.
The Future of the Cannabis Industry in Virginia
Possible developments in Virginia’s Cannabis Industry over the next 2–3 years, based on current legislation, regulatory trends, and implementation schedules.
Next 2–3 Years (Projected)
July 1, 2024 – Early Adult Access via Medical Dispensaries
Licensed medical dispensaries may begin selling cannabis to adults, even without full retail legalization in place.
September 1, 2025 – Licensing Phase
The state begins issuing licenses for cultivation, processing, testing, and retail sales.
May 1, 2026 – Potential Retail Launch
Adult-use retail sales may officially begin, taxed at up to 11.625% (8% state, 2.5% local, 1.125% for education).
Revenue Outlook
Projections estimate $7.3 million in the first year of retail sales, with revenues climbing toward $300 million over six years. Funds are expected to support education, equity programs, and public health initiatives.
Political Factor
Governor Youngkin vetoed retail sales bills in 2024 and 2025. The outcome of the November 2025 gubernatorial election will likely decide whether retail sales start in 2026 or face further delays.
Our Concerns About the Use And Dangers of Fentanyl
In recent years, numerous fatalities in Virginia and across the U.S. have been linked to cannabis products contaminated with fentanyl.
While cannabis itself is more than proven to have many health & medical benefits, ANY products – even with just a few milligrams – of Fentanyl are extremely dangerous to the point of being deadly.
Here on this platform, we are gravely concerned about the widespread use of Fentanyl and the resultant deaths that are caused by this deadly substance.
With a well-regulated Virginia cannabis industry in place, we feel the number of incidents related to Fentanyl may be greatly reduced thereby ensuring better safety for both our youth and the general public.
What is Fentanyl?
Fentanyl is a synthetic opioid roughly 50–100 times more potent than heroin or morphine
Nationwide Harm: In 2022, the U.S. recorded 73,654 deaths involving synthetic opioids like fentanyl—about 200 deaths per day
Virginia’s Crisis:
Fatal fentanyl overdoses in Virginia increased over 20-fold since 2013.
In 2022 alone, 1,951 Virginians lost their lives to fentanyl
Join Us in Shaping Virginia’s Cannabis Future
Help us protect families, promote responsible cannabis laws, and build a safer Virginia.
Your voice matters — take action today!