1. A. Notwithstanding the provisions of subdivision (c) of § 18.2-248.1, a person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants. For purposes of this section, a "household" means those individuals, whether related or not, who live in the same house or other place of residence.

   1. 1. For possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for a third and any subsequent offense;
   2. 2. For possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor;
   3. 3. For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and
   4. 4. For possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both.

   A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence.

   A violation of this subsection shall be punishable as follows:

2. B. A person who cultivates marijuana for personal use pursuant to this section shall:

   1. 1. Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids;
   2. 2. Take precautions to prevent unauthorized access by persons younger than 21 years of age; and

   3. 3. Attach to each marijuana plant a legible tag that includes the person's name, driver's license or identification number, and a notation that the marijuana plant is being grown for personal use as authorized under this section.

      Any person who violates this subsection is subject to a civil penalty of no more than $25. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.

3. C. A person shall not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana within or on that property or land.

2021, Sp. Sess. I, cc. 550, 551; 2022, Sp. Sess. I, c. 2; 2023, Sp. Sess. I, c. 1.