This 420, Virginians can possess marijuana but still can’t buy it

Rolling into a 420 weekend seems like a good time to do an overview of Virginia’s current marijuana landscape.

In 2021, Virginia became the first state in the South to legalize marijuana. If you’re 21 years old or older, you can lawfully possess up to one ounce of weed and grow up to four marijuana plants.

That said, the General Assembly hasn’t managed to get a framework for commercial sales of marijuana for recreational use passed into law, so Virginians can’t legally buy marijuana in retail stores.

As he did in 2024, Gov. Glenn Youngkin on March 24 vetoed legislation that would have allowed retail marijuana sales in the state, stating it would endanger “Virginians’ health and safety.”

A fiscal impact statement on the bill reported that the sales could generate total state revenues of $7.3 million in fiscal year 2026, the year the sales were slated to begin if the bill had been enacted into law.

While Youngkin is quick to tout Virginia’s business friendly reputation, Eric Postow, Fairfax-based managing partner for Holon Law Partners, wasn’t surprised to learn Youngkin again vetoed a commercial retail sales bill.

“He does not like marijuana,” said Postow, who specializes in cannabis law. “He does not want to support the growth of the marijuana industry. He’s been consistent on that.”

Mike Tabor, vice president of operations at Greenwood-based Jackpot 777 Farms, which sells hemp additives that go into consumer packaged goods, called Youngkin’s veto shortsighted.

“Our legislators have put together a very solid plan and his inaction on that is just leading to bigger problems than marijuana in the hands of the consumer,” he said. “We have a huge problem around the state with unregulated sellers selling questionable or gray market product with zero oversight, quality control, proper testing — you name it.”

Tanner Johnson, CEO of Elkton’s Pure Virginia, a family-run CBD and hemp products business, and a founding member of the Virginia Cannabis Association, remains optimistic that Virginia will eventually legalize commercial marijuana sales.

“We trust that next year Virginia will implement a fair and effective recreational licensing framework,” he wrote in a message.

Medical marijuana use is legal in the commonwealth with the first dispensary opening in 2020. Since 2024, the medical program has been overseen by the Virginia Cannabis Control Authority, which took over that role from the Virginia Board of Pharmacy.

While medical marijuana has been legal for a while, Virginia had not established a track-and-trace system, which allows states to determine how much marijuana is being commercially grown and sold within a state.

In October, the CCA announced it had chosen Metrc, a Florida provider of cannabis regulatory systems, to run Virginia’s seed-to-sale tracking program. The system is expected to launch this summer and will track medical marijuana through its growth cycle to sale.

Jeremy Preiss, who oversaw that selection as the CCA’s acting head and chief officer of regulatory, policy and external affairs, stepped down from the position in March. Jamie Patten took over as the acting head and chief administrative officer. Patten joined the CCA in 2022 and has held leadership roles in several Virginia agencies.

“Limited cannabis use is legal for adults in Virginia, but it’s important to follow the law and make responsible choices,” Patten stated in a news release issued Friday in advance of the weekend’s 420 celebrations. “By using cannabis safely, legally, and never driving under the influence, we can all help keep our communities safe.”