2026 appears to be the year for cannabis sales and other cannabis progress!

In 2021, Virginia became the first state in the South, and the 17th in the nation, to legalize cannabis for adults. However, key parts of the law required “re-enactment” but were not re-enacted, so sales remain illegal and unregulated. But the statewide election of November 2025 brought in a new governor ready to sign adult-use sales legislation!

Only possession and home cultivation of modest amounts of cannabis are currently legal for adult-use in Virginia. Adults can legally possess and share up to one ounce of cannabis and cultivate up to four cannabis plants at their primary residence. You can check out our full summary of the law here.

There are several adult-use sales bills working their way through the legislative process. HB642, SB542, SB671, and SB826 are all very similar with variations in some regulatory details, such as launch dates for sales to begin. Ask your legislators to support adult-use sales!

The former governor vetoed many cannabis policy reforms, but in 2026 we are seeing similar bills move very quickly. Legislation is moving to protect parents from being considered child abusers based solely on the responsible use of cannabis (HB942), to expand delivery options for patients and packaging requirements (HB391), and to allow for expungement and resentencing of people previously convicted of some cannabis violations (HB26).

Odor of cannabis can no longer be used as a pretext for searches

During a special session in late 2020, both chambers of the Virginia General Assembly approved, and then- Gov. Ralph Northam (D) signed, a modest cannabis reform bill — SB 5029.

This legislation prevents law enforcement from using the odor of cannabis as a pretext for searching and seizing property. In 2025, SB12 attempted to overturn this law, but was killed in committee.

Virginia’s medical cannabis law

Since enacting a 2017 law that permitted patients suffering from intractable epilepsy to use some types of cannabis oil with a doctor’s certification as an affirmative defense, lawmakers have continually improved Virginia's medical cannabis program.

Virginia patients with any condition are now able to receive recommendations to use and purchase cannabis preparations with no more than 10 milligrams of THC per dose. In 2021, the legislature passed legislation that improved the medical cannabis law by allowing patients to use whole-plant, “botanical” cannabis (HB 2218/SB 1333). The legislature also passed a bill that protects patients from being disciplined or fired by their employers for using medical cannabis away from work (HB 1862). SB332 is a bill that would allow the use and dispensing of medical cannabis in medical and hospice facilities for terminally ill patients.

You can check out our full summary of the medical cannabis law here. Optional registration card applications, a list of current registered practitioners for medical cannabis, and a list of medical cannabis dispensing locations can be found through the Virginia Cannabis Control Authority website.

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