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 β¦ 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 βΒ 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):
πͺ΄ Grow up to four marijuana plants.
πͺͺ 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.
π Possess a limitless amount of weed in your home or one ounce in public (buying is still illegal).
π―ββοΈ Share up to one ounce of marijuana in private.
What you can't do:
π "Gift" someone weed in exchange for another purchase, like a sticker.
π¬ Smoke in public places or on federal land.
π Drive while high.
βοΈ Sell or distribute outside of the medical program.
π« Possess or consume if you're under 21.
π« Have an open container in your car.
The bottom line: You can grow it, you can smoke it β but you can't casually buy it.
