NORFOLK, Va. — A new crop is on its way to gardens across Virginia.
Growing marijuana at home will be legal starting July 1, but it will not be as simple as adding it to your personal garden.
“Can a homeowner grow additional plants for someone else who may not have the space on their property to grow plants if the plants are labeled properly?” asked one 13News Now viewer.
Here are the rules Virginians have to follow to participate in home cultivation and grow the plants legally.
- Virginians can grow up to four plants per household, not per person
- Plants must be grown at a person's primary or main residence
- Plants must be tagged with the following information: a name, driver's license or state ID number, and a notice that the plant is for personal use
- Plants cannot be visible from public view
- Possession is only legal for Virginians 21 years of age or older, meaning those interested in home cultivation must take steps to prevent those plants from being accessible to people younger than the legal age
- Grown marijuana must be for personal use only
- It remains illegal to sell or distribute marijuana to friends
- Adult sharing will be legal, where Virginians of legal age may freely share up to an ounce of marijuana with no transaction of goods or money
- "Illegal" sales include seeds, clones (young plants) flower, or any other parts of the marijuana plant
- It will remain illegal to grow more than four plants per household
“Let’s just remember: we can’t sell cigarettes out in the open, either. You can’t sell alcohol without having a license, either. So I can imagine that this will be similar once we unroll it more," Clerk of Circuit Court in Newport News Angela Reason said at a "Conversations with the Clerk" session last week.
“That could potentially be a misdemeanor or a felony, depending on the amount, any amount: selling is still a crime, less than an ounce is a misdemeanor," said Hampton Attorney Tim Clancy. "That certainly won’t change until 2024, but I don’t think it’ll ever be legal to have a secondary market for marijuana sales.”
According to advocacy group Virginia NORML, home cultivation is allowed both indoors or outdoors but may be restricted in rental housing.