Effective July 1, 2021, adults 21 years of age or older may possess up to one ounce of marijuana legally.  (See Va. Code § 4.1-1100).  Up to one ounce may be possessed legally both in private residences or in any public place.  However, possession of over one ounce of marijuana is still prohibited and subject to a $25 civil fine.  Possession is still illegal for people under the age of 21.   

Additionally, effective July 1, 2021, adults 21 years of age or older may grow up to four marijuana plants at their personal, primary residence for personal use.  (See Va. Code § 4.1-1101).  However, please note that such marijuana plants must be tagged with the person's name, driver's license or personal ID number, and a notation that such plants are being grown for personal use.  Additionally, said marijuana plants cannot be visible from any public way and the grower must take precautions against access by those under the age of 21. 

“Adult sharing” is also legal effective July 1, 2021.  Adult sharing means transferring up to one ounce of marijuana between persons who are 21 years of age or older without payment or compensation. (See Va. Code § 4.1-1101.1).  Please note that the new laws specifically exclude purchasing goods or services with a “gift” of marijuana for the purchase.    

The following acts are still illegal under the new laws:

  • using or consuming marijuana while driving a motor vehicle (Va. Code § 4.1-1107);
  • using or consuming marijuana in any public place (Va. Code § 4.1-1108); and
  • possessing or consuming marijuana on school grounds (Va. Code § 4.1-1109).

If you believe that you your rights were violated under the new laws, please contact us to schedule a consultation. 

What Happens Now?

If you are incarcerated, we will contact you in the jail where you are held, and we will remain in contact throughout the pendency of your case. If you are able to come in to the office, we will ask you to come meet in person as soon as possible. Our approach to defense is zealous, organized, and fast-paced, and we look forward to helping you.


Carmichael Ellis & Brock, PLLC is committed to representing you in criminal, military, security clearance, medical malpractice, personal injury, and product liability cases.