Frequently Asked Questions | Cannabis Control Authority (2024)

To become a Virginia medical cannabis program patient, you must:

• Be a Virginia resident
• Have a condition that may benefit from the use of cannabis products
• Have a valid government-issued form of identification

If you meet these qualifications, you must receive a written certification from a qualified healthcare practitioner before purchasing medical cannabis. Parents or legal guardians may be listed on a written certification for a minor or vulnerable adult to purchase medical cannabis on their behalf. A patient, parent, or legal guardian can also designate a registered agent to purchase medical cannabis on the patient’s behalf. Certifications are valid for one year unless the practitioner designates an earlier expiration.

After a written certification is issued, a patient can access a digital “Validation of Written Certification” which, when presented at one of the state-designated cannabis dispensaries, along with a valid government issued identification card, enables the purchase of medical cannabis.

Click here for more information on becoming a medical cannabis patient.

No. The law no longer requires a patient to receive a registration card from the CCA.

A patient’s parent, legal guardian, or registered agent is not required to register with the CCA if the practitioner designates them as such on the written certification. If not designated on the written certification, a parent, legal guardian, or registered agent must register with the CCA to receive medical cannabis on behalf of the patient.

When a practitioner completes a written certification in the medical cannabis portal, it generates a digital “Validation of Written Certification”. This digital validation can be printed out as needed or stored on an electronic device. Patients who choose to register with the CCA, at the cost of $50 per year, will receive a digital registered patient card in addition to their “Validation of Written Certification.”

Registration is only required under certain circ*mstances.

At the patient’s request, the practitioner can record the name of the patient’s registered agent on the written certification for medical cannabis, and the registered agent would not be required to obtain registration from the CCA before purchasing or receiving medical cannabis on behalf of the patient.

If the name of the registered agent is not recorded on the patient's written certification, then the registered agent must first register with the CCA prior to picking up or receiving medical cannabis on behalf of no more than two patients. Please see the medical cannabis program page for more information on obtaining registration.

Applications for a pharmaceutical processor permit are only accepted during an open Notice of Open Application (NOA) period. When applications are being accepted, a notice will be placed on the CCA website.

During an open NOA period, the application process for pharmaceutical processor permits occurs in four stages: submission of initial application, reviewing and scoring applications, awarding of conditional approval, and granting of pharmaceutical processor permit.

The CCA Board of Directors is required by statute to meet at least every 60 days.

The Board meeting schedule can be viewed by searching by sponsor on the Commonwealth Calendar. Meetings open to the public will include the phrase “open meeting.” The CCA and the Board welcome the public to attend in person, or when technology allows, to watch online. The Board usually leaves a portion of the agenda open to public comment. The physical location of the meeting, as well as the virtual meeting link, will be posted on the Commonwealth Calendar event page for each meeting. Upcoming meeting information can also be found on the CCA’s website.

Any open job postings for the CCA can be found by searching “Cannabis Control Authority” on the Virginia jobs website. To apply for open postings, follow the process on the Virginia jobs website.

Candidates chosen for an interview will be contacted by the hiring team directly via the email or phone number provided by the candidate in their application materials.

Complaints about a medical cannabis dispensary can be sent to Enforcement@cca.virginia.gov.

At this time, the CCA does not have law enforcement authority. Depending on your issue, it may be a situation for local, state, or federal law enforcement to address.

If you have a complaint about a medical cannabis dispensary, please contact Enforcement@cca.virginia.gov.

• Adults 21 years and older may possess up to one ounce of cannabis on his person or in any public place.
• Generally, adults 21 years and older may use cannabis in private residences. However, nothing prohibits the owner of a private residence from restricting the use of cannabis on its premises.
• Adults 21 years and older may grow up to four plants per household (not per person), according to specified requirements (see Home Cultivation frequently asked questions).“Adult sharing” or transferring one ounce or less of cannabis between person who are 21 years or older without remuneration is legal.
• “Adult sharing” does not include instances in which:
  • Cannabis is given away contemporaneously with another reciprocal transaction between the same parties;
  • A gift of cannabis is offered or advertised in conjunction with an offer for the sale of goods or services; or
  • A gift of cannabis is contingent upon a separate reciprocal transaction for goods or services.

• With the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee’s cannabis establishment, any person who possesses on his person or in any public place.
  • More than four ounces but not more than one pound of cannabis or an equivalent amount of cannabis product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and
  • More than one pound of cannabis or an equivalent amount of cannabis product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
• It is illegal for anyone under the age of 21 to consume, purchase, or possess cannabis, or to attempt to consume, purchase, or possess any amount of cannabis.
• It is illegal to distribute or sell cannabis, and/or to possess any amount of cannabis with the intent to distribute or sell it. This prohibition applies equally to businesses, which will not be permitted to sell, “gift,” or in any other way distribute cannabis.
• It is illegal to use cannabis while driving a motor vehicle or while being a passenger in a motor vehicle being driven. Possessing cannabis on school grounds, while operating a school bus, in a motor vehicle transporting passengers for hire, or in a commercial vehicle is also illegal.
• It is illegal to consume cannabis or offer cannabis to another person in any public place.

No. It is illegal in Virginia to drive under the influence of cannabis, or to use cannabis while operating a motor vehicle or while traveling as a passenger. A first-time offense could lead to:

• One year in jail and/or a fine up to $2,500
• $250 mandatory fine
• Loss of driver’s license for one year

Additional offenses may result in more severe fines, jail time, and loss of driving privileges.

It depends.

Air travel – It is illegal under federal law to fly with cannabis products that contain more than 0.3% THC. If TSA officers discover cannabis during security screening, TSA is required to report law violations to local, state, or federal authorities. Flying with cannabis products over international borders is also illegal and falls under the jurisdiction of Customs and Border Protection.

Car travel – It is illegal to use or consume cannabis or cannabis products while driving or being a passenger in a motor vehicle on a public highway in Virginia. It is also illegal to have an open container of cannabis in the passenger area of a vehicle. It is illegal under federal law to transport any cannabis across any state or territory lines.

It is illegal under federal law to mail or receive by mail cannabis products that contain more than 0.3% THC. The United States Postal Service is subject to federal law. A person is liable to face consequences in both the state in which the package is received and the state from which the package was mailed. Private mailing companies also prohibited the mailing of cannabis, including:

• UPS
• FedEx
• DHL
• 10 Roads Express

Property owners and landlords can prohibit cannabis consumption or cultivation in rental housing agreements. Tenants should check their lease agreements thoroughly before using or growing cannabis in a rental property. Even if cannabis is not mentioned specifically, no smoking clauses in rental agreements also apply to smoking cannabis products.

Medical cannabis users should also check their lease before using cannabis in the rented property. Tenants who violate any lease agreements related to cannabis or smoking may face consequences from their landlord, including the possibility of eviction.

Individuals may risk the loss of federal housing benefits by using or possessing cannabis. The United States Department of Housing and Urban Development does not permit the use or possession of cannabis in federally assisted housing because cannabis remains illegal under federal law.

Individual workplaces and employers may still prohibit cannabis use by their employees and enforce drug testing policies that identify cannabis users. Jobs involving public safety or the operation of vehicles and/or heavy machinery often exclude individuals who test positive for THC.

Virginia law protects some medicinal uses of cannabis against employment action, but this protection may not apply to all medical cannabis users.

Cannabis use can also impact workers’ compensation claims. If a cannabis user is in a workplace accident, the employer may require a drug test. Testing positive for THC may affect the workers’ compensation process, even if an individual is not intoxicated at the time of the incident.

As of February 2024, the Virginia General Assembly has not reenacted the legislative framework for creating an adult-use retail market. Until the General Assembly passes legislation creating an adult-use retail market, there will not be a licensing process for retail dispensaries or other adult-use cannabis licenses.

To open a medical cannabis dispensary, pharmaceutical processors may submit an application only during an open Notice of Open Applications (NOA) period. When applications are being accepted, a notice will be placed on the CCA website.

During an open NOA period, the application process for pharmaceutical processor permits occurs in four stages: submission of initial application, reviewing and scoring applications, awarding of conditional approval, and granting of pharmaceutical processor permit.

Home cultivation became legal on July 1, 2021. Adults 21 years and older may grow up to four cannabis plants per household (not per person) for personal use. Plants can be grown only at your main place of residence.

Someone who grows plants must:

• Ensure no plant is visible from a public way;
• Take precautions to prevent unauthorized access by persons younger than 21 years old; and
• Attach to each plant a legible tag that includes:
  • The person’s name,
  • Driver’s license or ID number, and
  • A notation that the cannabis plant is being grown for personal use as authorized by law.

No. Individuals who sell cannabis, or who possess with the intent to sell it, are subject to misdemeanor or felony charges, depending on the amount of cannabis involved.

On July 1, 2021, “adult sharing,” or transferring one ounce or less of cannabis between persons who are 21 years or older without remuneration, became legal. “Adult sharing” does not include instances in which:

Cannabis is given away contemporaneously with another reciprocal transaction between the same parties;
A gift of cannabis is offered or advertised in conjunction with an offer for the sale of goods or services; or
A gift of cannabis is contingent upon a separate reciprocal transaction for goods or services.