Albemarle County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Albemarle County?

The Code of Virginia, Chapter 34, Article 4.2, which was passed in 2018, legalized licensed cannabis growing for medical purposes in Albemarle County. It gave the State of Virginia Board of Pharmacy the authority to award medical cannabis pharmaceutical processor licenses, permitting medical cannabis cultivation commercially. Title 4.1 Subtitle II of the Code of Virginia, or the Cannabis Control Act, authorized in 2021, the adult use of cannabis by anyone aged 21 and over. However, the state's General Assembly has not reconstituted the legislative framework for forming the commercial adult-use cannabis retail industry as of August 2023. This issue may be addressed by the General Assembly during forthcoming sessions.

The cultivation of cannabis crops, manufacturing of medical cannabis products, and retail selling of medical cannabis and its products to certified patients and their parents, guardians, or agents are all authorized activities for medical cannabis pharmaceutical processor licensees. The state's Board of Pharmacy was permitted to award five medical cannabis pharmaceutical processor licenses statewide. However, the application deadline was on December 4, 2020. Four licenses had been issued as of August 2023, with applications for the fifth still being processed.

The Cannabis Control Act allowed the home growing of cannabis by anyone aged 21 and over in Albemarle County, with no license required beginning July 1, 2021. Cultivation is only permitted at the grower's principal home. No more than four cannabis plants may be cultivated in a residence, regardless of the number of individuals who meet the age requirement that reside there.

The space used for cannabis home cultivation must be hidden from public view and kept locked to prevent access by children. A tag with the cultivator's name and ID number must be attached to every plant. The tag must also indicate that the cannabis plant is being cultivated exclusively for personal use in compliance with the law.

It is unlawful to sell cannabis cultivated at home. It is, however, legal to share up to one ounce of home-cultivated cannabis with another adult who is age-qualified if nothing is offered in exchange.

Is Cannabis Manufacturing Legal in Albemarle County?

Chapter 34, Article 4.2 of the State of Virginia's Code made licensed medical cannabis product manufacturing legal in Albemarle County. To manufacture medical cannabis products, the same Virginia Board of Pharmacy medical cannabis pharmaceutical processor license cited previously is required. As of August 2023, medical cannabis products in the state were produced by the same four medical cannabis pharmaceutical processor licensees approved by the Virginia Board of Pharmacy.

While the Cannabis Control Act legalized the adult use of cannabis by people aged 21 and older, there is no license available for adult-use cannabis product manufacturing businesses as of August 2023 because the state's General Assembly has not yet reenacted the necessary provisions.

The extraction of cannabis concentrate by cannabis home growers from the cannabis plants they cultivate is prohibited by Section 4.1-1101 of the Cannabis Control Act.

Is Cannabis Retail Legal in Albemarle County?

The State of Virginia Code Chapter 34 Article 4.2 legalized medical cannabis retail in Albemarle County, provided it is done with a medical cannabis pharmaceutical processor license granted by the Virginia Board of Pharmacy. The retail sale of medical cannabis and medical cannabis products is allowed only to certified patients and their parents, guardians, or agents. As of August 2023, there were 21 medical cannabis dispensary locations statewide owned by the holders of the four medical cannabis pharmaceutical processor licenses given out by the Board. None were in Albemarle County.

No license is available for adult-use cannabis dispensaries, though, despite the fact that the Cannabis Control Act legalized the adult use of cannabis by people aged 21 and up. Since the state's General Assembly has not reenacted certain provisions of the law, adult-use cannabis sales in the state were not yet legal as of August 2023.

A separation of over 1,000 feet must be maintained between the dispensing facility of a licensed medical cannabis pharmaceutical processor and a childcare facility or a school, according to a guidance document from the State of Virginia's Board of Pharmacy.

According to the Regulations Governing Pharmaceutical Processors, a licensed pharmacist must be hired by a licensed medical cannabis pharmaceutical processor to be in charge of a dispensing facility location and to be present all throughout operating hours. The licensed pharmacist may be assisted by a registered pharmacy technician, and a pharmacy intern, who must have at least one year of pharmaceutical education.

The licensed pharmacist is required by Administrative Code 18VAC110-60-310 of the State of Virginia to check and verify the purchaser’s valid photo ID and cannabis certification on the online Virginia Prescription Monitoring Program (PMP) prior to any transaction. The dispensary facility must keep a copy of the certification for at least two years.

Every 90 days, only a 90-day supply of medical cannabis and medical cannabis products may be sold by a licensed dispensary to each certified patient, with no limits on the number of purchases. That includes four ounces of cannabis plant parts every 30 days. The paraphernalia needed to administer medical cannabis may also be sold by licensed dispensaries.

Is Cannabis Delivery Legal in Albemarle County?

The medical cannabis pharmaceutical processor licensees are not permitted to deliver the medical cannabis and medical cannabis products purchased by certified patients and their parents, guardians, or agents in Albemarle County under the Regulations Governing Pharmaceutical Processors of the State of Virginia's Board of Pharmacy.

Medical cannabis and medical cannabis products must be purchased on-site at a licensed medical cannabis dispensary by the certified patient or the patient's parents, guardians, or agents. However, if the medical cannabis or its products are purchased on the patient's behalf by the patient's parents, guardians, or agents, they are permitted to bring these to the patient's residence.

The transportation of medical cannabis and medical cannabis products between the licensed facilities of medical cannabis pharmaceutical processor license holders is allowed.

How to Get a Medical Marijuana Card in Albemarle County

The passage of HB933 has made a medical cannabis card unnecessary in the State of Virginia as of July 1, 2022, according to the Virginia Board of Pharmacy. Instead, Albemarle County patients must get a written certification from a Board-registered medical practitioner stating that medical cannabis treatment would be beneficial in treating or alleviating the symptoms of their ailment.

If the patient is below 18 or an adult with physical or mental incapacity, the medical practitioner must designate a parent or legal guardian in the written certification. When the certification is used in a licensed medical cannabis dispensary, a valid government-issued picture ID must also be presented.

A registered agent may also be appointed by the patient or the patient's parent or legal guardian. The agent must register with the State of Virginia Board of Pharmacy if they are not mentioned in the patient's written certification. The registration fee and its annual renewal fee are both $25.

Queries may be sent to:

Board of Pharmacy

Email: cbd@dhp.virginia.gov

How Has Cannabis Legalization Impacted the Economy of Albemarle County?

In Chapter 34, Article 4.2 of the Virginia Code, there is no mention of taxation on medical cannabis or medical cannabis products. However, the State of Virginia generates income from payments from medical cannabis company applications, licenses, and renewals, as follows:

• $10,000 for each medical cannabis pharmaceutical processor license application
• $60,000 for each medical cannabis pharmaceutical processor license
• $10,000 for each medical cannabis pharmaceutical processor license renewal
• $5,000 for each medical cannabis pharmaceutical processor dispensary permit
• $1,500 for each medical cannabis pharmaceutical processor dispensary permit renewal

There are no adult-use cannabis taxes in the State of Virginia as of August 2023 since the General Assembly has not yet reenacted the necessary requirements for the adult-use cannabis market.

The Effects of Cannabis Legalization on Crime Rates in Albemarle County

Medical cannabis was legalized in the State of Virginia, including Albemarle County, in 2018. Adult-use cannabis was legalized in 2021 but only adult-use cannabis home-growing is allowed for people aged 21 and over. Retail selling of adult-use cannabis is not yet available.

Data sent by the Virginia State Police to the Crime Explorer page of the FBI shows that in 2017, a year before the legalization of medical cannabis, there were 11 marijuana possession arrests and no marijuana sales arrests in Albemarle County.

In 2019, a year after the legalization of medical cannabis, there were 11 marijuana possession arrests and no marijuana sales arrests in the county.

In 2021, the latest data showed two marijuana possession arrests and no marijuana sales arrests in the county.

The number of DUI arrests during those years was as follows:

• 2017: 25 arrests
• 2019: 29 arrests
• 2021: 23 arrests