The Basics
Virginia legalized home cultivation of cannabis as part of the broader adult-use legalization that took effect July 1, 2021. Any Virginia resident who is 21 years of age or older can grow cannabis at home for personal use — no medical card, no permit, no registration required.
The right to grow is codified in Virginia Code § 4.1-1101, which sets out the specific requirements every home grower must follow. Here's what the law actually requires.
Up to four plants per household
Adults 21 and older may grow up to four cannabis plants per household for personal use. "Household" means everyone living in the same residence — whether related or not. A household of two adults has a combined limit of four plants total, not four plants each. At no point shall a household contain more than four marijuana plants.
Each plant must be labeled
Virginia law requires a legible tag attached to each cannabis plant. The tag must include: (1) the grower's name, (2) their driver's license or state ID number, and (3) a notation that the plant is being grown for personal use as authorized by Virginia law. Failing to tag your plants is a civil violation with a fine of up to $25. This applies at every stage — seedling through harvest.
Plants cannot be visible from a public space or accessible to minors
Virginia law requires that cannabis plants meet two conditions: they cannot be visible from a public right-of-way (street, sidewalk, or path) without binoculars or aircraft, and they must not be accessible to anyone under 21. A fenced backyard, locked outbuilding, or enclosed indoor grow space all meet this requirement. An open front yard, an unfenced side yard visible from the street, or any space where a minor could access the plants does not.
Landlords and HOAs can say no
Virginia state law allows home cultivation, but it does not override private property agreements. Landlords are legally allowed to prohibit cannabis cultivation in lease agreements, and that restriction is enforceable. If you rent, review your lease before planting anything. Homeowners in HOA communities should also check their covenants — some HOAs have restrictions on cannabis cultivation or strong-smelling plants.
What You Cannot Do
You cannot make concentrates from home-grown cannabis
Virginia law explicitly prohibits manufacturing cannabis concentrate from home-cultivated marijuana. Growing cannabis flower is legal. Turning that flower into extracts, oils, wax, hash, tinctures, or any other concentrate at home is not. This applies to the property owner as well — a landlord or homeowner cannot knowingly allow someone else to make concentrates on their property from home-cultivated cannabis.
You cannot sell home-grown cannabis
Growing cannabis at home for personal use is legal. Selling any of that cannabis — in any amount, to anyone — is illegal distribution and subject to misdemeanor or felony charges depending on the amount. The personal use designation on your plant tags is not a formality. It defines the legal limit of what you can do with what you grow.
You cannot grow more than four plants
Exceeding four plants per household carries escalating penalties: five to ten plants is a $250 civil penalty for a first offense, a Class 3 misdemeanor for a second, and a Class 2 misdemeanor for subsequent offenses. More than ten plants crosses into felony territory. The four-plant limit is a hard ceiling, not a guideline.
No one under 21 may cultivate cannabis
The right to grow is limited to adults 21 and older. A minor cultivating cannabis is subject to juvenile penalties. Adults who allow or enable minors to cultivate cannabis may face their own liability.
What This Has to Do with Hemp Products
Home cultivation rules apply to the cannabis plant itself — Cannabis sativa grown for its THC-producing flowers. They do not directly govern hemp-derived products sold at stores like The Buffalo Hemp Company.
Hemp and cannabis are botanically the same plant. The legal distinction comes down to THC content: cannabis plants producing more than 0.3% Delta-9 THC by dry weight are regulated as marijuana under Virginia law. Plants at or below that threshold are hemp. The products sold at licensed hemp retailers fall under hemp law — not the home cultivation statute.
That said, the two areas of law are increasingly connected as Virginia's regulatory framework evolves. Here's how the current TBHC product line relates to what's changing:
| Product Category | Examples | Aug 15 Status |
|---|---|---|
| Delta-9 THC gummies (25:1 ratio) | 5mg 10ct, 10mg 10ct, Recovery gummies, Cereal bars, Cookie sandwich, Chocolate snappers, Delta-9 Honey | Affected Aug 15 |
| Delta-9 THC beverages | Buzzin Berry D9 Soda | Affected Aug 15 |
| CBD-only oils & tinctures | 1800mg Full Spectrum, 900mg 0% THC, Blood Orange variants | Not affected |
| CBD-only gummies | REST CBD+CBN, Twilight, Horizon THC-Free, ENERGY CBG THC-Free | Not affected |
| CBD beverages | Hydrate CBD Sodas (Cran-Raspberry, Mango Pineapple, Lemon-Lime), Liquizen packets | Not affected |
| Topicals & wellness | Perform CBD Pain Stick, Pure Lip Balm | Labeling update Nov 1 |
| Pet products | CBD Pet Treats, Dog CBD Oils, Juananip, Chew'ems | Not affected |
| Vape & concentrates | Ooze Slim Twist Pens and accessories | Hardware unaffected |
The products marked "Affected Aug 15" are those that rely on the 25:1 CBD:THC ratio exception, which Virginia eliminates on August 15, 2026. After that date, hemp products with more than 2mg of total THC per package can no longer be legally sold in Virginia. Those products do not involve home cultivation — they are commercially manufactured and sold — but the same legislative shift that is reshaping the retail hemp market is the one opening Virginia's licensed cannabis retail market in 2027.
For a full breakdown of what's changing in Virginia hemp and cannabis law, see our article: What's Changing in Virginia Cannabis & Hemp Law.
A Note on Safety at Home
Virginia law requires that home-grown cannabis be kept away from minors. This is worth taking seriously beyond the legal requirement. Cannabis plants, trim, and harvested flower can be appealing to children and toxic to pets. If you grow at home:
Keep plants behind a locked door or secured barrier. A locked room, a latched greenhouse, or a keyed outbuilding all satisfy the legal requirement and provide real protection.
Store harvested cannabis the same way you'd store any controlled substance. A locked box or cabinet, out of reach and out of sight, is the minimum standard for responsible storage.
If a child or pet ingests cannabis, contact poison control immediately. The Virginia Poison Center is available 24 hours a day at (800) 222-1222.