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

Is Cannabis Cultivation Legal in Stafford County?

The licensed cultivation in Stafford County of medical and adult-use cannabis is legal within certain limitations.

The cultivation of medical cannabis by pharmaceutical processors licensed by the State of Virginia’s Board of Pharmacy is legal under the Code of Virginia’s Chapter 34 Article 4.2. Applications for the medical cannabis pharmaceutical processor license have, however, closed on December 4, 2020. As of June 2023, there were 20 licensed medical cannabis pharmaceutical processors statewide, with none of them located in Stafford County.

On July 1, 2021, the Cannabis Control Act legalized adult-use cannabis in the State of Virginia and created the Cannabis Control Authority (CCA) as the regulator and licenser of all types of recreational cannabis businesses. However, the Act mandated that the General Assembly must reenact the provisions for the regulation and licensing of recreational cannabis businesses. As of June 2023, such provisions have not yet been re-enacted. Hence, there is still no license available for the cultivation of adult-use cannabis in Stafford County and elsewhere in the state.

The legality of personal cultivation of recreational cannabis by persons aged at least 21 in their primary residence became effective on July 1, 2021, though, without the need for licensing in accordance with Section 4.1-1101 of the Cannabis Control Act. The grower must have the permission of the homeowner if the grower does not own the residence. There is a limit of four cannabis plants for every household. There is no mention of having to grow the plants only indoors but the cannabis plants must not be seen by the public or accessed by minors. Each plant must be tagged with the full name and valid ID number of the qualified personal grower, showing the grower’s date of birth. The tag must also indicate that the plant is for personal use only.

As stipulated by Section 4.1-1101.1 of the Cannabis Control Act, qualified home growers of adult-use cannabis are allowed to share a maximum of one ounce of cannabis plant parts with another person aged at least 21 provided there is no payment or any other exchange involved.

Is Cannabis Manufacturing Legal in Stafford County?

The licensed manufacturing in Stafford County of medical and adult-use cannabis products is legal but has particular limitations.

The manufacturing of medical cannabis products by pharmaceutical processors licensed by the State of Virginia’s Board of Pharmacy is legal under the Code of Virginia’s Chapter 34 Article 4.2. However, on December 4, 2020, applications for the license were closed. The 20 licensed medical cannabis pharmaceutical processors were the only medical cannabis manufacturers in the state as of June 2023.

The Cannabis Control Act of 2021 legalized adult-use cannabis in the State of Virginia but assigned the reenactment of provisions for the CCA’s regulation and licensing of adult-use cannabis businesses to the General Assembly. Since those provisions were not yet reenacted as of June 2023, no licenses were available for recreational cannabis product manufacturing in Stafford County and across the state.

According to Section 4.1-1101 of the Cannabis Control Act, qualified home growers of adult-use cannabis are not allowed to manufacture cannabis concentrate from their cannabis plants.

Is Cannabis Retail Legal in Stafford County?

Despite the Cannabis Control Act of 2021, only licensed medical cannabis retail selling to certified patients and their parents, legal guardians, or registered agents in Stafford County was legal as of June 2023. That is because the State of Virginia’s General Assembly had not yet reenacted the provisions for the regulation and licensing of adult-use cannabis businesses. Hence, the CCA still could not issue adult-use cannabis retail licenses. The 20 licensed medical cannabis pharmaceutical processors in the state as of June 2023 were the only licensed dispensaries. No new applications for medical cannabis pharmaceutical processor licenses were issued after December 4, 2020.

Effective May 27, 2021, a guidance document from the Board of Pharmacy stated that there must be a distance of more than 1,000 feet between the dispensing facility of a licensed medical cannabis pharmaceutical processor and a daycare establishment or school.

According to the regulations of the Board of Pharmacy effective May 25, 2022, a licensed pharmacist must be in charge of the dispensing facility of a licensed medical cannabis pharmaceutical processor, assisted by a pharmacy intern with at least one year of pharmacy studies, and a registered pharmacy technician. The presence of a licensed pharmacist is required throughout a dispensing facility’s operating hours.

A licensed medical cannabis pharmaceutical processor dispensing facility is allowed to sell to certified patients and their parents, legal guardians, or registered agents only medical cannabis plant parts, medical cannabis products, and devices used for medical cannabis and medical cannabis products.

According to the State of Virginia’s Administrative Code 18VAC110-60-310, a licensed dispensary may only dispense a 90-day supply of medical cannabis and medical cannabis products every 90 days to a certified patient or the patient’s parent, legal guardian, or registered agent. This may be sold in several transactions but may not exceed four ounces of medical cannabis plant parts every 30 days.

Is Cannabis Delivery Legal in Stafford County?

The Board of Pharmacy regulations on medical cannabis pharmaceutical processors allow the delivery of medical cannabis and medical cannabis products by licensed dispensaries to certified patients and their parents, legal guardians, or registered agents. If the patient is unable to purchase medical cannabis and medical cannabis products in person in the licensed dispensary, the patient’s parent, legal guardian, or registered agent may do so and is allowed to deliver the items to the patient’s residence.

The transfer of medical cannabis and medical cannabis products between licensed medical cannabis pharmaceutical processors and their facilities is also allowed.

How to Get a Medical Marijuana Card in Stafford County

According to HB933, which the State of Virginia’s General Assembly enacted on April 11, 2022, medical cannabis cards from the Board of Pharmacy are no longer required effective July 1, 2022, from certified patients, their parents, and their legal guardians. This means they no longer have to register with the Board.

All they need is a written certification from a Board-registered medical practitioner that the patient will benefit from medical cannabis treatment for the treatment of a diagnosed illness or the alleviation of its symptoms.

If the patient is a minor, the medical practitioner must write the name of the parent or legal guardian on the certification. The certification must be presented at the licensed medical cannabis dispensary by the patient or the patient’s parent or legal guardian along with a valid government-issued identification card.

An adult patient who is debilitated may need a registered agent to assist in purchasing medical cannabis and medical cannabis products from a licensed medical cannabis dispensary. In such cases, the agent is required to register with the Board of Pharmacy for a fee of $25 and with the same annual renewal fee. A patient’s parent or legal guardian may also appoint a registered agent for the patient below 18 years old.

For more information, the public may inquire from:

Board of Pharmacy

Email: cbd@dhp.virginia.gov

How Has Cannabis Legalization Impacted the Economy of Stafford County?

Since the State of Virginia’s General Assembly has not yet reenacted the provisions for the regulation and licensing of adult-use cannabis businesses, taxation on adult-use cannabis has not yet been established.

The Code of Virginia’s Chapter 34 Article 4.2 on licensed medical cannabis pharmaceutical processors does not mention taxation on medical cannabis and medical cannabis products.

The State of Virginia, however, earned from the application and license fees of medical cannabis pharmaceutical processors and will continue to earn from their license renewal fees. These are as follows:

• Pharmaceutical processor license application: $10,000
• Pharmaceutical processor license: $60,000
• Pharmaceutical processor license annual renewal: $10,000
• Pharmaceutical processor medical cannabis dispensary permit: $5,000
• Pharmaceutical processor medical cannabis dispensary permit annual renewal: $1,500

As of June 2023, there were no licensed medical cannabis pharmaceutical processors located in Stafford County. Hence, the county has not benefited economically from the legalization of medical and adult-use cannabis.

The Effects of Cannabis Legalization on Crime Rates in Stafford County

Medical cannabis was legalized in Stafford County in 2018. Adult-use cannabis was legalized in 2021. However, while the home growing of recreational cannabis for personal use has been allowed since then, sales of recreational cannabis have not yet begun.

On the FBI’s Crime Explorer page, data sent by the Stafford County Sheriff's Office shows that in 2017, a year before the legalization of medical cannabis, there were 643 arrests for marijuana offenses, comprised of 599 arrests for possession and 44 arrests for sales.

In 2019, a year after the legalization of medical cannabis, there were 481 arrests for marijuana offenses, comprised of 439 arrests for possession and 42 arrests for sales.

The latest data available, which is from 2021, shows 22 arrests for marijuana offenses, comprised of 10 arrests for possession and 12 arrests for sales.

In those years, the number of DUI arrests was as follows:

• 2017: 395 arrests
• 2019: 464 arrests
• 2021: 440 arrests