                                 CODE OF VIRGINIA

HOME CULTIVATION OF MARIJUANA FOR PERSONAL USE; PENALTIES (§ 4.1-1101)

A. Notwithstanding the provisions of subdivision (c) of § 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
&#8220;household&#8221; means those individuals, whether related or not, who
live in the same house or other place of residence.
			A person may only cultivate marijuana plants pursuant to this section at such
person&#8217;s main place of residence.
			A violation of this subsection shall be punishable as follows:

   1. 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;

   2. For possession of more than 10 but no more than 49 marijuana plants, a
   Class 1 misdemeanor;

   3. For possession of more than 49 but no more than 100 marijuana plants, a
   Class 6 felony; and

   4. 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.

B. A person who cultivates marijuana for personal use pursuant to this section
shall:

   1. Ensure that no marijuana plant is visible from a public way without the use
   of aircraft, binoculars, or other optical aids;

   2. Take precautions to prevent unauthorized access by persons younger than 21
   years of age; and

   3. Attach to each marijuana plant a legible tag that includes the
   person&#8217;s name, driver&#8217;s license or identification number, and a
   notation that the marijuana plant is being grown for personal use as
   authorized under this section.
   				Any 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 &#xA7; 16.1-69.40:2.

C. 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.

HISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2022, Sp. Sess. I, c. 2; 2023, Sp.
Sess. I, c. 1.