How to legally get high in Virginia
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Illustration: Maura Losch/Axios
Virginia hasn't legalized recreational weed sales yet, but that doesn't mean you can't get legally high.
Catch up quick: The Commonwealth became the first Southern state to legalize marijuana consumption in 2021, then never set up a way to buy it outside of a medical card.
- And Gov. Youngkin, who has vetoed multiple retail market bills Democrats have sent him over the years, has bluntly said "Anybody who thinks I'm going to sign that … must be smoking something."
- That leaves the possibility of legally buying weed largely up to the next governor, if the House of Delegates retains their slight Democratic majority in November.
- Democratic gubernatorial nominee Abigail Spanberger has previously voiced support for it, while her GOP challenger Lt. Gov. Winsome Earle-Sears has opposed it.
The intrigue: A loophole allowing the sale of THC-containing products like Delta-8 closed in 2023. So that route is out, too.
- Any hemp products have to have 25 times as much CBD as they do THC and can't have more than 0.3% THC — though some illegal THC-infused seltzers have still been available statewide.
- And 82% of Virginia retailers inspected for hemp products were in violation of state law between July 2023 and last June, according to Virginians for Cannabis Safety.
- The law has led some hemp businesses to leave the state. Others, like one in Southwest Virginia, got hit with nearly $100,000 in penalties.
Since the law can be confusing, we're breaking down the "do's" and "don't's" of getting baked in Virginia:
What you can do (if you're 21 or older):
🪴 Grow up to four marijuana plants.
🪪 Get a medical marijuana card, which Karri was able to do within three hours and four minutes, and go to a medical marijuana dispensary like gLeaf, which delivers, or Cannabist in Carytown.
🏠 Possess a limitless amount of weed in your home or one ounce in public (buying is still illegal).
👯♀️ Share up to one ounce of marijuana in private.
What you can't do:
🎁 "Gift" someone weed in exchange for another purchase, like a sticker.
🚬 Smoke in public places or on federal land.
🚘 Drive while high.
⛑️ Sell or distribute outside of the medical program.
🚫 Possess or consume if you're under 21.
🫙 Have an open container in your car.
The bottom line: You can grow it, you can smoke it — but you can't casually buy it.
