{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-1101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-1101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-1101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-1101.html"}],"law_id":83418,"edition_id":1,"section_id":83418,"structure_id":13298,"section_number":"4.1-1101","catch_line":"Home cultivation of marijuana for personal use; penalties","history":"2021, Sp. Sess. I, cc. 550, 551; 2022, Sp. Sess. I, c. 2; 2023, Sp. Sess. I, c. 1.","full_text":"A\n\nNotwithstanding the provisions of subdivision (c) of \u00a7 18.2-248.1, a person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants. For purposes of this section, a “household” means those individuals, whether related or not, who live in the same house or other place of residence.\n\t\t\tA person may only cultivate marijuana plants pursuant to this section at such person’s main place of residence.\n\t\t\tA violation of this subsection shall be punishable as follows:1\n\nFor possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for a third and any subsequent offense;2\n\nFor possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor;3\n\nFor possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and4\n\nFor possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both.B\n\nA person who cultivates marijuana for personal use pursuant to this section shall:1\n\nEnsure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids;2\n\nTake precautions to prevent unauthorized access by persons younger than 21 years of age; and3\n\nAttach to each marijuana plant a legible tag that includes the person’s name, driver’s license or identification number, and a notation that the marijuana plant is being grown for personal use as authorized under this section.\n\t\t\t\tAny person who violates this subsection is subject to a civil penalty of no more than $25. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.C\n\nA person shall not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana within or on that property or land.","order_by":null,"text":{"0":{"id":298891,"text":"Notwithstanding the provisions of subdivision (c) of \u00a7 18.2-248.1, a person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants. For purposes of this section, a “household” means those individuals, whether related or not, who live in the same house or other place of residence.\n\t\t\tA person may only cultivate marijuana plants pursuant to this section at such person’s main place of residence.\n\t\t\tA violation of this subsection shall be punishable as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":298892,"text":"For possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for a third and any subsequent offense;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":298893,"text":"For possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":298894,"text":"For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":298895,"text":"For possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":298896,"text":"A person who cultivates marijuana for personal use pursuant to this section shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":298897,"text":"Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":298898,"text":"Take precautions to prevent unauthorized access by persons younger than 21 years of age; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"8":{"id":298899,"text":"Attach to each marijuana plant a legible tag that includes the person’s name, driver’s license or identification number, and a notation that the marijuana plant is being grown for personal use as authorized under this section.\n\t\t\t\tAny person who violates this subsection is subject to a civil penalty of no more than $25. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"9":{"id":298900,"text":"A person shall not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana within or on that property or land.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":13298,"edition_id":1,"name":"Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":13297,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":219423,"object_type":"structure","relational_id":13298,"identifier":"11","token":"4.1\/II\/11","url":"\/4.1\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13297,"edition_id":1,"name":"Cannabis Control Act","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":219415,"object_type":"structure","relational_id":13297,"identifier":"II","token":"4.1\/II","url":"\/4.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61546,"structure_id":13298,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; 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penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-1101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of subdivision (c) of \u00a7 18.2-248.1<\/a>, a person 21 years of age or older may cultivate<\/span> up to four marijuana<\/span> plants for personal use at their place of residence<\/span>; however, at no point shall a household<\/span> contain more than four marijuana<\/span> plants. For purposes of this section, a “household<\/span>” means those individuals, whether related or not, who live in the same house or other place of residence<\/span>.\n\t\t\tA person may only cultivate<\/span> marijuana<\/span> plants pursuant to this section at such person’s main place of residence<\/span>.\n\t\t\tA violation of this subsection shall be punishable as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For possession<\/span> of more than four marijuana<\/span> plants but no more than 10 marijuana<\/span> plants, (i) a civil penalty<\/span> of $250 for a first offense<\/span>, (ii) a Class 3 misdemeanor<\/span> for a second offense<\/span>, and (iii) a Class 2 misdemeanor<\/span> for a third and any subsequent offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For possession<\/span> of more than 10 but no more than 49 marijuana<\/span> plants, a Class 1 misdemeanor<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For possession<\/span> of more than 49 but no more than 100 marijuana<\/span> plants, a Class 6 felony<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For possession<\/span> of more than 100 marijuana<\/span> plants, a felony<\/span> punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person who cultivates<\/span> marijuana<\/span> for personal use pursuant to this section shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Ensure that no marijuana<\/span> plant is visible from a public way without the use of aircraft, binoculars, or other optical aids; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Take precautions to prevent unauthorized access by persons younger than 21 years of age; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Attach to each marijuana<\/span> plant a legible tag that includes the person’s name, driver’s license or identification number, and a notation that the marijuana<\/span> plant is being grown for personal use as authorized under this section.\n\t\t\t\tAny person who violates this subsection is subject to a civil penalty<\/span> of no more than $25. The penalty<\/span> for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person shall not manufacture<\/span> marijuana concentrate<\/span> from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture<\/span> marijuana concentrate<\/span> from home-cultivated marijuana within or on that property or land. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOME CULTIVATION OF MARIJUANA FOR PERSONAL USE; PENALTIES (\u00a7 4.1-1101)\n\nA. Notwithstanding the provisions of subdivision (c) of \u00a7 18.2-248.1, a person\n21 years of age or older may cultivate up to four marijuana plants for personal\nuse at their place of residence; however, at no point shall a household contain\nmore than four marijuana plants. For purposes of this section, a\n“household” means those individuals, whether related or not, who\nlive in the same house or other place of residence.\n\t\t\tA person may only cultivate marijuana plants pursuant to this section at such\nperson’s main place of residence.\n\t\t\tA violation of this subsection shall be punishable as follows:\n\n 1. For possession of more than four marijuana plants but no more than 10\n marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a\n Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for\n a third and any subsequent offense;\n\n 2. For possession of more than 10 but no more than 49 marijuana plants, a\n Class 1 misdemeanor;\n\n 3. For possession of more than 49 but no more than 100 marijuana plants, a\n Class 6 felony; and\n\n 4. For possession of more than 100 marijuana plants, a felony punishable by a\n term of imprisonment of not less than one year nor more than 10 years or a\n fine of not more than $250,000, or both.\n\nB. A person who cultivates marijuana for personal use pursuant to this section\nshall:\n\n 1. Ensure that no marijuana plant is visible from a public way without the use\n of aircraft, binoculars, or other optical aids;\n\n 2. Take precautions to prevent unauthorized access by persons younger than 21\n years of age; and\n\n 3. Attach to each marijuana plant a legible tag that includes the\n person’s name, driver’s license or identification number, and a\n notation that the marijuana plant is being grown for personal use as\n authorized under this section.\n \t\t\t\tAny person who violates this subsection is subject to a civil penalty of\n no more than $25. The penalty for any violations of this section by an adult\n shall be prepayable according to the procedures in § 16.1-69.40:2.\n\nC. A person shall not manufacture marijuana concentrate from home-cultivated\nmarijuana. The owner of a property or parcel or tract of land may not\nintentionally or knowingly allow another person to manufacture marijuana\nconcentrate from home-cultivated marijuana within or on that property or land.\n\nHISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2022, Sp. Sess. I, c. 2; 2023, Sp.\nSess. I, c. 1.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}