VIRGINIA CANNABIS PROGRAM

VIRGINIA
STATE STATUS
On April 7, 2021, Virginia legalized adult-use marijuana through House Bill 2312 also known as Senate Bill 1406. Virginia is now the 16th state within the U.S. to legalize adult-use marijuana, allowing for marijuana possession of up to one ounce and consumption for individuals 21 years and older. Access to marijuana will be through state-licensed marijuana businesses. Virginia Cannabis Control authority will be responsible for regulating the adult-use marijuana program.
In March of 2026, the Legislature sent a recreational sales legalization bill to the Governor, bringing Virginia closer to making cannabis business licensing opportunities available. The Governor has until April 22nd, to veto, sign the bill, or send it back for reviews.
Learn more about how to get a Virginia cannabis business license or schedule a complimentary consultation with application/licensing team, below.
Hemp
Yes
Medical Marijuana
Yes
Adult-Use Marijuana
Yes
When to Apply
Anticipated July 2026
News
Proposed Adult-Use Marijuana Licenses
Cultivation Facility License – Allows for the cultivation, labeling, and packaging of retail marijuana; and to purchase or take possession of marijuana plants and seeds from other marijuana cultivation facilities. Under this license, you can sell retail marijuana, immature marijuana plants, and marijuana seeds to marijuana wholesalers and retail marijuana stores; as well as transfer possession of and sell retail marijuana, marijuana plants, and marijuana seeds to other marijuana cultivation facilities; and transfer possession of and sell retail marijuana to marijuana manufacturing facilities; and to sell immature marijuana plants and marijuana seeds to consumers for the purpose of cultivating marijuana at home for personal use.
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- There will be 5 tiers (tiered by canopy size) of cultivation licenses:
- License limitations for Tiers I-IV to be set by the Board via regulation
- Tier I – canopy size may not exceed 2,000 square feet
- Tier II – canopy size may not exceed 10,000 square feet
- Tier III – canopy size may not exceed 25,000 square feet
- Tier IV – canopy size may not exceed 45,000 square feet
- Tier V – canopy size may not exceed 70,000 square feet
- Maximum of 10 Tier V Cultivation Licenses to be awarded
Marijuana Nursery License – Allows a licensee to cultivate immature marijuana plants, clones, and seeds indoors or outdoors with canopy not exceeding 2,000 square feet. Licensee can sell to other licensees, not at retail to consumers.
- License limitations to be set by the Board via regulation
Processing Facility License – Allows a licensee to manufacture, label, and package retail marijuana and retail marijuana products; and to purchase or take possession of retail marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; and to transfer possession of and sell retail marijuana and retail marijuana products to marijuana wholesalers, retail marijuana stores, or other marijuana manufacturing facilities.
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- License limitations to be set by the Board via regulation
Testing Facility/Lab License – Allows a licensee to develop, research, or test marijuana, marijuana products, and other substances.
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- License limitations to be set by the Board via regulation
Retail Marijuana Store License – A retailer can purchase or take possession of retail marijuana, retail marijuana products, immature marijuana plants, or marijuana seeds from a marijuana cultivation facility, marijuana manufacturing facility, or marijuana wholesaler and sell retail marijuana, retail marijuana products, immature marijuana plants, or marijuana seeds to consumers.
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- Maximum of 350 Retail Marijuana Store Licenses to be Awarded
Delivery Operator License – Allows a licensee to deliver marijuana from retail marijuana stores or micro businesses to consumers. CCA to establish requirements for securely delivering marijuana and marijuana products from retail marijuana stores/micro businesses to consumers, which shall include requirements for age verification, delivery radius, and recordkeeping.
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- License limitations to be set by the Board via regulation
Transporter License – Allows a licensee to take possession of marijuana, marijuana products, immature marijuana plants, and marijuana seeds from a marijuana cultivation facility, a marijuana processing facility, a retail marijuana store, or another marijuana transporter; to transfer possession of marijuana, marijuana products, immature marijuana plants, and marijuana seeds to a marijuana cultivation facility, marijuana processing facility, retail marijuana store, or another marijuana transporter; and to transport marijuana, marijuana products, immature marijuana plants, and marijuana seeds from one licensed establishment to another.
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- License limitations to be set by the Board via regulation
DTC Microbusiness and Standard Microbusiness Licenses – authorizes the licensee to cultivate, process, and sell marijuana or marijuana products. Such licenses shall authorize the licensee to cultivate cannabis, process cannabis, and sell their own cannabis and cannabis products directly to consumers through age-verified delivery and limited on-site retail sales at their licensed premises. These licenses shall utilize the seed-to-sale tracking system established by the Authority, verify the age and identity of purchasers at the point of delivery or sale, comply with all testing, labeling, and packaging requirements applicable to retail licensees, and sell only cannabis cultivated and processed by the licensee on its licensed premises. The canopy limits for such temporary licensees are 3,500 sq. ft. for indoor and 10,000 sq. ft. for outdoor. Can only hold one license and operate one licensed premises, and can only sell their own products.
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- License Limitations:
- Maximum of 100 (temporary*) DTC Microbusiness Licenses
- License limitations for standard Microbusiness licenses to be set by the Board via regulation
- DTC Microbusiness Licenses are only available to applicants who are:
- are registered as a hemp grower or processors with the Virginia Department of Agriculture and Consumer Services and in good standing as of July 1, 2026;
- qualify for an impact license pursuant to subdivision B 13 of § 4.1-606 of the Code of Virginia, as amended by this act; or
- qualify as a farmer under the United States Department of Agriculture qualifications; and
- meet any such financial, security, and operational readiness criteria as established by the Authority.
- *DTC Microbusinesses are a temporary license that will be permitted to begin authorized cultivation and processing operations earlier than other licensees. The program will sunset when the CCA certifies that at least 100 retail marijuana stores are operational statewide, or after 24 months from program launch.
- Upon program expiration, DTC microbusiness licensees may apply to convert to a standard microbusiness license.
- License Limitations:
Shared Processing Hub License – Allow microbusinesses and/or other small processors to legally process cannabis products without each having to own a full processing operation themselves. Creates centralized processing for multiple small cultivators. Created for small and rural growers needing shared equipment/space.
- License limitations and scale to be set by the Board via regulation
The Virginia Cannabis Control Authority will promulgate regulations that establish an application process for licensure as a marijuana establishment in a way that, when possible, prevents disparate impacts on historically economically disadvantaged communities.
Impact Licensee (Equity Status) – A minimum share of licenses is either reserved for these applicants or given priority to them. An impact license applicant is an applicant that has at least 66 percent ownership and direct control by a person or persons who:
- Have been convicted of or adjudicated delinquent for any violation of § 18.2-248.1, former § 18.2-250.1, or subsection A of § 18.2-265.3 as it relates to marijuana;
- are the parent, child, sibling, or spouse of a person who has been convicted of or adjudicated delinquent for any violation of § 18.2-248.1, former § 18.2-250.1, or subsection A of § 18.2-265.3 as it relates to marijuana;
- have resided for at least three of the past five years in a jurisdiction determined by the Board after using U.S. census tract data to have been disproportionately policed for marijuana crimes between the years 2015 and 2025
- have attended for at least five years a public elementary or secondary school located in a historically economically disadvantaged community
- have received a Federal Pell Grant or attended for at least two years a college or university at which at least 30 percent of the students, on average, are eligible for a Federal Pell Grant
- Is a veteran of the Armed Forces of the United States
- Qualify for financial assistance from the USDA as a distressed farmer in the last five years
HOW TO START A MARIJUANA BUSINESS IN VIRGINIA
To operate a marijuana business in Virginia, you will need the following plans:
- Security Plan
- Environmental Impact Plan
- Quality Control and Quality Assurance Plan
- Business Plan
- Financial Plan
- Community Benefits Plan
- Research Plan
- Cultivation, Manufacturing and/or Dispensing Plan
- Labor Compliance Plan
- Staffing and Training Plan
Schedule for a complimentary 15-min consult with our licensing/application expert to learn more about how we may be able to assist you.
PROGRAM TIMELINE:
March 2018 – Virginia legalized low-THC, high-CBD medical cannabis.
June 2018 – Virginia licensing period for medical cannabis processors.
2020 – First Virginia medical cannabis processors anticipated to open.
2021 – Two separate bills passed, legalizing recreational cannabis: Senate Bill 1406 and House Bill 2312
July 1, 2026 – If legislation passes, applications for licenses are anticipated to open.
September 1, 2026 – If legislation passes, regulations must be finalized by this date
Q4 2026 – Licenses to be awarded with DTC microbusinesses, pharmaceutical processors and industrial hemp growers or processors, impact licenses, microbusiness licenses, and Tier I and Tier II cultivation facility licenses having priority.
January 2027 – If passed, retail sales to officially begin
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Owner, Firefly Dispensaries in Pennsylvania."Working with Sara was a pleasure. We don’t know how we would have gotten through the application process without her."
Arizona Vertically Integrated Facility Owner