Virginia has legalized possession and home cultivation for adults, but the laws establish strict limits on plant count and cultivation location. The legal framework permits personal use while maintaining tight control over production and distribution. Understanding the current rules is essential to avoid potential legal issues.
Legal Limits on Personal Cultivation
Adults aged 21 or older in Virginia are legally permitted to cultivate cannabis plants for personal use, but the law imposes an absolute limit of four plants. This restriction applies strictly per household, not per individual adult living in the residence. Regardless of how many adults are in the home, the total number of plants cannot exceed four at any given time.
Cultivation must occur at the grower’s primary place of residence. The Virginia Code specifies that a “household” includes all individuals, whether related or not, who live in the same house or dwelling. The law does not differentiate between various stages of growth, meaning four seedlings, four mature plants, or any combination thereof, is the maximum allowed.
Mandatory Requirements for Cultivation Location
Virginia law imposes mandatory physical and security requirements regarding where home cultivation must occur. These rules are designed to prevent the plants from being easily accessed by minors or being visible to the general public. Cultivated plants must be grown in a location that is screened from public view, meaning they cannot be readily seen without specialized optical aids like binoculars or aircraft.
Precautions must be taken to ensure that individuals younger than 21 years of age cannot gain unauthorized access to the plants. This typically means the cultivation area should be secured, such as in a locked room, greenhouse, or enclosure. Furthermore, each cannabis plant must have a legible tag attached. This tag must clearly include the grower’s name, their driver’s license or state identification number, and a notation confirming that the plant is being grown solely for personal use.
Penalties for Exceeding Plant Limits
Exceeding the four-plant household limit carries a tiered structure of penalties that escalate in severity based on the number of excess plants. Cultivating between five and 10 plants is classified as a civil violation for a first offense, punishable by a civil penalty of $250. Subsequent offenses for this plant range quickly escalate to misdemeanor charges.
Possession of a higher number of plants results in more serious criminal charges, bypassing the initial civil penalty stage.
- Growing between 11 and 49 plants is considered a Class 1 misdemeanor, which can lead to a fine of up to $2,500 and a year in jail.
- Possession of between 50 and 100 plants is a Class 6 felony.
- Cultivating over 100 plants is an even more serious felony, which may result in a fine of up to $250,000 and a term of imprisonment of up to 10 years.
Possession Limits for Harvested Product
While the cultivation rules govern the live plants, separate laws regulate the possession of the resulting dried, usable product. An adult aged 21 or older may legally possess up to one ounce of cannabis in a public place. This possession limit applies to the harvested and processed cannabis derived from the home-grown plants.
Possession of quantities exceeding one ounce in public can lead to civil penalties or criminal charges, with the severity increasing with the amount.
- Possession of more than one ounce but not more than four ounces is a civil violation with a fine of up to $25.
- Possession of more than four ounces but less than one pound is a misdemeanor.
- Possession of over one pound constitutes a felony.
It is also strictly prohibited to sell or distribute any of the home-grown cannabis, as the law explicitly states that the cultivation is only for personal use.