Archive · 2025-12-16

Is there finally a path for Virginia recreational dispensaries? Newly elected Virginia Gov. Abigail Spanberger thinks so. The former Congresswoman and CIA officer is replacing Glenn Youngkin, who prevented adult-use cannabis sales, despite reforms passed by the State Legislature four years ago. Gov.-Elect Spanberger promised during her campaign to allow headlong movement of recreational sales, remarking she would work with the “General Assembly to find a path forward to creating a legalized retail market for cannabis that both prioritizes public safety and grows Virginia’s economy.” In a 2024 interview with RVA Magazine, Spanberger said that during her time in Congress, she supported the various versions of the SAFE Banking Act, including co-sponsoring the 2019 version of the legislation. “We also need to make sure that revenues flow into Virginia and are used to strengthen our communities and public schools. This involves building a fair retail market that would give genuine opportunities to entrepreneurs, farmers, and communities – across the board. I don’t know that I would call this an emerging market but we need a formalized, legal, emerging cannabis market,” said Spanberger.

Is Weed Legal in Virginia?

“Is weed legal in Virginia?” is a common question, especially amongst visitors. The confusion lies in the difference between abstract law and concrete practice. In the state of Virginia, recreational cannabis was legalized in 2021, however sales have not yet launched because the bill that would have begun the process was vetoed twice by the outgoing governor. With new leadership set to take over in January 2026, lawmakers on a Joint Commission on the Future of Cannabis Sales have been preparing a proposed regulatory framework for Virginia recreational dispensaries. Potential Virginia weed laws include:
  • Sales subjected to an 8% state tax, with localities able to impose additional local tax up to 3.5%.
  • No ability for cities and counties to opt out of allowing legal retail sales.
  • A new direct-to-consumer license allowing microbusinesses to deliver directly to a patient or adult-use consumer’s home.
  • Up to 50% of issued adult-use marijuana business licenses to be reserved for “microbusinesses.”
  • An allowance for cannabis businesses to deduct certain expenses on their state returns amid federal 280E restrictions.
  • Ownership restrictions designed to decentralize control and discourage consolidation.
  • Capping all license holders at no more than five total locations statewide.

What to Know about Virginia Weed Laws

Virginia recreational weed legal sales are not signed into law yet. Until then, possession of small amounts is legal. A formal bill has not been introduced in the General Assembly as of this article’s publication but the Joint Commission has mostly finalized what they want to submit to the 2026 General Assembly. Virginia weed legality, when finally coupled with lawful sales, has tremendous potential. With 8.6 million residents, Virginia could be one of the biggest new cannabis markets to open in some time. According to MjBiz Factbook, adult-use cannabis sales could reach $780 million in the first full year of sales and exceed $1.09 billion by the second year. If the wheel of legislation runs smoothly, the first sales from legitimate Virginia recreational dispensaries could begin as early as Nov. 1, 2026.

Worker Protection Already in Place

While Virginia weed laws are hashed out in 2026, state officials in the Department of Labor and Industry (DOLI) already released guidance on a recently enacted law that establishes employment protections for workers who use cannabis while off duty in 2025. The guidance states that employers “should not take employment actions, including discipline or termination of employment, against an employee based upon the presence of cannabinoid metabolites in the individual’s bodily fluids in an employer-required or requested drug test without additional factors indicating impairment…unless the employer has established a drug free workplace based on its reasonable workplace drug policy.” Impairment during work hours would not be protected, and employers will likely not be required to do anything that would cause them to be “in violation of federal law or that would result in the loss of a federal contract or federal funding.” Additionally, defense industrial base sector employers could still take adverse action against workers who test positive for THC “in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test.” The guidance document also says nothing in the rule “shall prohibit an employer from adopting reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.” Keep track of the upcoming changes to Virginia weed legality at CannaCon, the nation’s leading business-to-business cannabis conference. Network and learn from cannabis industry experts and help us grow the industry! Register to attend a CannaCon show!