Driving and Marijuana Use in Virginia: What the Law States

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Marijuana laws in Virginia have changed significantly in recent years, and additional changes are on the way as the Commonwealth prepares for legal adult-use marijuana sales in 2027. But one rule remains very clear: it is illegal to drive while impaired by marijuana in Virginia.

For Virginia medical marijuana patients, understanding the difference between legally possessing marijuana and legally operating a vehicle is important. Having a valid medical marijuana certification does not give a patient permission to drive while impaired.

The issue has recently received renewed attention after Virginia officials paused a new public education campaign about marijuana-impaired driving over concerns that its message wasn't clear enough about the risks.

Here's what Virginia marijuana patients should know about driving, transporting marijuana and staying within the law.

Virginia Pulls Marijuana-Impaired Driving Campaign

In August 2026, the Virginia Department of Motor Vehicles launched a public education campaign designed to discourage people from driving after using marijuana.

The campaign took a lighthearted approach. According to reporting from Marijuana Moment, the advertisement encouraged people who used marijuana to relax to stay home and continue relaxing rather than getting behind the wheel. However, shortly after its launch, Virginia officials removed the advertisement and accompanying materials.

The Virginia DMV told Marijuana Moment that it had received concerns about how the message was presented and wanted to ensure Virginians received a clear message about the serious risks associated with impaired driving. The campaign was subsequently paused while officials reconsidered their approach.

Regardless of how Virginia ultimately approaches marijuana-impaired-driving education, the underlying law is straightforward: do not drive while impaired by marijuana.

Is It Legal to Drive After Using Marijuana in Virginia?

No. Virginia law prohibits driving or operating a motor vehicle while under the influence of a drug or intoxicant to a degree that impairs the person's ability to operate the vehicle safely.

Under Virginia Code § 18.2-266, this prohibition applies to marijuana just as it applies to other substances that can impair someone's ability to drive safely.

Virginia's Cannabis Control Authority also specifically identifies driving under the influence of marijuana as illegal. This applies regardless of whether the marijuana was being used for medical purposes.

A Virginia medical marijuana patient can legally obtain and use approved medical marijuana products in accordance with state law, but medical authorization does not provide an exception to Virginia's impaired-driving laws.

Is There a Legal THC Limit for Driving in Virginia?

This is one area where marijuana laws differ significantly from alcohol laws.

Virginia law establishes a blood alcohol concentration of 0.08% as one standard for an alcohol-related DUI. However, Virginia's impaired-driving statute does not establish an equivalent numerical THC concentration that automatically determines marijuana impairment.

Instead, Virginia law focuses on whether a drug has impaired a person's ability to safely operate a vehicle. That distinction is particularly important for medical marijuana patients. The fact that someone has legally used marijuana does not automatically mean that person is impaired, but a patient should never drive if marijuana is affecting their ability to operate a vehicle safely.

What Are the Penalties for Driving High in Virginia?

Driving while impaired by marijuana can carry serious consequences.

According to the Virginia Cannabis Control Authority, a first impaired-driving offense can potentially result in:

• Up to one year in jail

• A fine of up to $2,500

• A mandatory minimum $250 fine

• Loss of driving privileges for up to one year

Penalties can become more severe for subsequent offenses. For medical marijuana patients, the safest approach is simple: if you feel impaired after using marijuana, do not drive.

Plan ahead by arranging for a sober driver, using a rideshare service, taking public transportation, or remaining at home until you are no longer impaired.

Can You Use Marijuana Inside a Car in Virginia?

No. Virginia law goes beyond prohibiting impaired driving. It is also illegal to use or consume marijuana while driving on a public highway in Virginia. Importantly, this restriction doesn't apply only to the driver.

Virginia law also prohibits passengers from using or consuming marijuana while traveling in a motor vehicle being driven on a public highway. That means having someone else drive does not make it legal for a passenger to consume marijuana inside the vehicle.

Virginia classifies a violation of this provision as a Class 4 misdemeanor.

Can You Have Marijuana in Your Car in Virginia?

Virginia medical marijuana patients may need to transport their marijuana products home after purchasing them from an authorized medical marijuana dispensary. However, where and how marijuana is stored in a vehicle matters.

Virginia law defines an "open container" as a vessel containing marijuana or marijuana products other than the originally sealed manufacturer's container.

The law also defines the passenger area broadly. It includes areas designed for the driver and passengers, areas within the driver's reach, and an unlocked glove compartment. The trunk and certain areas behind the last upright seat of SUVs, hatchbacks, and similar vehicles are excluded from the definition of the passenger area.

The Virginia Cannabis Control Authority advises that storing marijuana that is open and accessible in the passenger area of a vehicle is illegal.

For patients transporting medical marijuana, keeping products in their original sealed packaging and storing them securely away from the passenger area is a sensible way to reduce potential legal issues.

Does a Virginia Medical Marijuana Certification Protect You From a DUI?

No. Being a registered medical marijuana patient does not authorize driving while impaired. The same basic impaired-driving laws apply regardless of why a person used marijuana.

Think of a medical marijuana certification as authorization to participate in Virginia's medical marijuana program, not as an exemption from laws governing safe driving.

Patients should also remember that different marijuana products can affect people differently. The effects of marijuana can vary based on the product, THC concentration, dosage, method of administration, individual tolerance, and other factors.

There isn't one universal amount of time after marijuana use when every person will automatically be safe to drive. If you feel impaired, don't drive.

Marijuana and Driving: What Virginia Patients Should Remember

Virginia's marijuana laws have continued to evolve, but legalization does not mean marijuana can be used anywhere or at any time.

For drivers, the most important rules are straightforward:

• Never drive while impaired by marijuana.

• Do not consume marijuana while driving.

• Passengers should not consume marijuana in a vehicle traveling on a public highway.

• Avoid keeping open marijuana products accessible within the passenger area.

• Keep medical marijuana products securely stored while transporting them.

• Never transport marijuana across state lines.

The last point is especially important. Even when traveling between states that have legalized marijuana, transporting marijuana across state lines can create federal legal issues.

Virginia's Marijuana Laws Are Continuing to Change

Virginia is entering another important stage in marijuana legalization.

The Commonwealth currently allows medical marijuana through its regulated medical program, while Virginia's Cannabis Control Authority states that non-medical retail marijuana sales are currently illegal. Under legislation enacted in 2026, regulated adult-use marijuana sales are scheduled to begin July 1, 2027.

As Virginia's marijuana market evolves, education surrounding responsible marijuana use will become increasingly important.

The recent controversy surrounding Virginia's impaired-driving campaign demonstrates the challenge state officials face: acknowledging legal marijuana use while still communicating clearly that marijuana and driving should remain separate.

For medical marijuana patients, the message doesn't need to be complicated. Use marijuana responsibly, understand how it affects you and don't get behind the wheel while impaired.

Become a Virginia Medical Marijuana Patient

If you use marijuana to help manage a medical condition, joining Virginia's medical marijuana program gives you access to the Commonwealth's regulated medical marijuana system.

Virginia Marijuana Card helps patients understand the process and connect with qualified practitioners who can evaluate them for medical marijuana.

Becoming a medical marijuana patient does not change Virginia's impaired-driving laws, but it does provide a legal pathway for eligible patients to access regulated medical marijuana products.

If you believe medical marijuana may be right for you, schedule an appointment with Virginia Marijuana Card today to learn more about becoming a certified medical marijuana patient.

And remember: if you use marijuana, plan ahead. Stay home, designate a sober driver or arrange another way to get where you're going. Never drive impaired.

Get Your Virginia Medical Marijuana Card

Although recreational possession is legal in Virginia, a medical marijuana card continues to provide valuable benefits for qualifying patients, including access to licensed medical dispensaries and a selection of regulated marijuana products, and medical guidance from certified medical marijuana doctors.

Getting started is simple. At Virginia Marijuana Card, you can schedule an appointment with one of our experienced medical marijuana doctors through a convenient telemedicine visit. During your appointment, our licensed marijuana doctors will review your symptoms and medical history to determine whether you qualify under Virginia’s medical marijuana program.

If you do, we’ll issue your written certification and walk you through every step of the process so you can begin purchasing medical marijuana legally and confidently. Our team is here to make the experience straightforward, from your initial evaluation to ongoing renewal support, so you always know what to expect.

Schedule an evaluation online today, and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

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Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Virginia’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (888) 633-5808 or schedule your evaluation today

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