Virginia Court Data Shows Just 13 Marijuana Cultivation Charges and 52 Marijuana DUI Charges Statewide Since 2022
- Marijuana cultivation and marijuana-specific DUI cases in Virginia have remained rare since legalization, with only 13 cultivation charges and 52 marijuana-specific DUI charges recorded between fiscal year 2022 and preliminary fiscal year 2026.
- General District Courts recorded over 4,000 marijuana-related charges during this period, with underage possession being the most common offense, accounting for more than 2,000 charges and nearly 1,000 convictions.
- Virginia law permits adults 21 and older to possess up to one ounce of marijuana and cultivate up to four plants at home, with penalties increasing for violations such as exceeding cultivation limits or public consumption.
- Lawmakers are preparing for the launch of licensed recreational marijuana sales in 2027 and are reviewing current enforcement trends and laws, especially regarding public marijuana consumption.
New Virginia court data shows marijuana cultivation and marijuana-specific DUI cases have remained relatively rare since legalization, even as courts have continued processing thousands of other marijuana-related violations.
According to figures presented September 21 by Virginia Criminal Sentencing Commission Director Jody Fridley, courts recorded just 13 marijuana cultivation charges from fiscal year 2022 through preliminary fiscal year 2026. Three resulted in convictions.
During roughly the same period, General District and Circuit Courts recorded 52 DUI charges in which marijuana was specifically identified, resulting in 30 convictions statewide.
The DUI figures do not necessarily capture every impaired-driving case involving marijuana, as they reflect cases where marijuana-related impairment was specifically identified in court-management data.
The numbers were presented to the Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market as part of a broader review of marijuana enforcement in Virginia.
Overall, General District Courts recorded 4,027 marijuana-related charges under Title 4.1 from fiscal year 2022 through preliminary fiscal year 2026, with 1,878 convictions.
Underage possession was by far the most common category, accounting for 2,085 charges and 994 convictions.
Courts also recorded 726 charges involving marijuana possession, consumption or open-container violations in motor vehicles, 645 charges involving possession above the legal limit and 351 charges involving marijuana use in public.
Virginia law allows adults 21 and older to cultivate up to four marijuana plants at their primary residence, provided certain requirements are followed, including restrictions related to visibility and access by minors. Penalties increase for cultivation above the legal limit.
Virginia legalized possession of up to one ounce of marijuana for adults 21 and older in 2021, along with limited home cultivation.
Lawmakers are now continuing work toward the launch of licensed recreational marijuana sales in 2027.
The September 21 meeting included discussion of existing marijuana penalties, court enforcement trends and potential changes to laws governing public marijuana consumption as Virginia continues developing its regulated recreational market.