Cannabis Permits & Licenses in Virginia Beach, VA

Required for all LLC formation in Virginia. Annual registration fee of $50 due May 1 each year.

Applies to all Virginia LLCs regardless of industry.

Applies if business uses DBA. Renewal every 10 years for $10.

Limited licenses available via lottery. Prerequisites include local approval, zoning compliance, background checks. Effective under HB 2312 (2023).

Requires cultivation license or source from licensed cultivator. GMP compliance required.

Provisional licenses transitioned to full by May 1, 2025. Local government approval required.

Canopy limit 250 sq ft. Designed for small/social equity businesses.

Cannabis subject to 6% state sales tax + 1% mandatory local tax (total 7% minimum). Applies to all retail sales businesses.

Required for ALL Virginia businesses with employees under Va. Code § 40.1-49.3.

Local zoning ordinance must permit cannabis uses; requires zoning verification letter or special use permit from county/city planning department. Localities set minimum distances from schools, parks (often 1,000 ft).

Required for cannabis cultivation/operation facility buildouts per USBC administered locally. Must comply with cannabis-specific security standards.

Mandatory fire safety inspection for cannabis facilities due to electrical, extraction, and storage hazards. Local fire marshal issues occupancy approval.

Confirms compliance with building, fire, and zoning codes specific to cannabis operations.

Required for mandated cannabis security alarm systems connected to local dispatch. State regulation 18VAC115-80 mandates local permitting.

Cannabis businesses often face strict local sign regulations (limited size, no specific cannabis imagery in some localities).

Required for compliance with wastewater discharge and odor control; not typically for retail unless food handling involved.

Localities require traffic/parking studies for high-volume cannabis retail; specific ratios (e.g., 1 space/150 sq ft).

Free compliance consultation service. Cannabis operations involve chemical/pesticide hazards.

All retailers of tangible personal property, including cannabis, must collect and remit Virginia sales tax (currently 5.3 % state rate plus any local rate). Filing frequency is monthly if average monthly tax liability > $1,000; otherwise quarterly.

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All localities require a general business license for cannabis operations; specific application through county/city treasurer or commissioner of revenue. Must reference state cannabis permit.

All employers must comply with FLSA, including minimum wage ($7.25/hour federally), overtime pay (1.5x for hours over 40/week), and recordkeeping. Cannabis businesses are not exempt, even if operating legally under state law. DOL has jurisdiction regardless of federal illegality of cannabis.

Employers meeting the 50-employee threshold must provide eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. Cannabis businesses are not exempt from FMLA based on product type.

All U.S. employers must verify identity and work authorization using Form I-9. Cannabis businesses must comply even though federal illegality creates complications with banking and payroll. ICE conducts audits and worksite inspections.

Despite state legalization in Virginia, cannabis (marijuana) remains a Schedule I controlled substance under federal law. No federal license exists for commercial cannabis cultivation, processing, or retail. Operating such a business violates the CSA, regardless of state compliance. DEA does not issue licenses for recreational or adult-use cannabis.

FDA prohibits the sale of cannabis or cannabis-derived products (e.g., CBD) in interstate commerce for human consumption without approval. This includes adding CBD to food or labeling with therapeutic claims. FDA has issued warning letters to companies violating these rules. Applies even to state-legal businesses.

Must be filed electronically via the SCC portal. The filing includes updated principal office address and registered agent information.

Renewal requires submission of a compliance questionnaire, updated financial statements, and proof of continued seed‑to‑sale tracking system.

Courses must be approved by the VDH and cover state regulations, product safety, and patient confidentiality.

Cannabis cultivation often requires odor/ventilation mitigation plans certified by local authorities.

Required for all employers with one or more employees in Virginia, including part-time and seasonal workers. Cannabis businesses are not exempt. Sole proprietors are not required to cover themselves unless they elect coverage.

Mandated under Virginia's Cannabis Control Act (9VAC5-80-130(B)(4)) for all licensed cannabis businesses. Requires minimum $2 million in general liability coverage per occurrence. Applies to cultivation, processing, testing, and retail operations.

A $50,000 surety bond is required for all cannabis business license applicants under 9VAC5-80-130(B)(5). The bond ensures compliance with the Virginia Cannabis Control Act and may be used to cover fines, penalties, or damages due to violations.

Required under Virginia Code § 46.2-706 for all motor vehicles registered to a business. Minimum liability limits: $25,000 per person, $50,000 per accident, $20,000 property damage. Applies to cannabis businesses using vehicles for transport of products, deliveries, or employee transport.

While not separately named, product liability is encompassed within the mandatory $2 million general liability insurance requirement under 9VAC5-80-130(B)(4). This covers claims related to defective or harmful cannabis products sold by the business.

Inspection verifies compliance with the Virginia Seed‑to‑Sale tracking system, security protocols, and sanitation standards.

Virginia law requires all cannabis cultivation and processing facilities to maintain fire suppression systems and receive an annual fire marshal inspection.

LLCs taxed as corporations must file Form 500; if taxed as a partnership, file Form 502.

All dispensaries must collect and remit Virginia sales tax (5%) on retail sales.

Excise tax is reported on the Virginia Excise Tax Return (Form VT‑EX).

Report must include beginning inventory, receipts, transfers, sales, and ending inventory for each product category.

Summarizes total sales volume, tax collected, and any product recalls.

Signed by the licensee confirming adherence to all state regulations, including security, record‑keeping, and product testing.

Records must be kept in electronic format compatible with the state’s seed‑to‑sale tracking system and be backed up off‑site.

The license must be legible and protected from damage.

Include FLSA minimum wage, OSHA safety, and EEOC anti‑discrimination posters.

Includes Virginia Minimum Wage, Workers’ Compensation, and Unemployment Insurance posters.

All dates are calendar‑year based; adjust if the LLC’s fiscal year differs. Monthly inventory and excise tax filings repeat each month.

Not legally required for cannabis businesses in Virginia. However, recommended for consultants, testing labs, or processors providing expert services. Not mandated by CCB regulations.

Not required for standard cannabis businesses in Virginia. Only applicable if the business also holds an ABC license and sells alcohol. No current legal pathway for combined cannabis and alcohol sales in Virginia due to federal and state restrictions.

All multi-member LLCs and those with employees must obtain an EIN. Single-member LLCs without employees may use the owner’s SSN but are encouraged to get an EIN for banking and compliance purposes. Required for federal tax reporting under IRC Section 6061.

Cannabis businesses are prohibited from claiming most business deductions under IRC Section 280E, even if state-legal. Applies to all cannabis-related businesses regardless of state legality. Requires detailed cost of goods sold (COGS) reporting under IRC Section 471. See IRS Chief Counsel Advice (CCA) 20150002.

All employers with employees must comply with OSHA’s General Duty Clause (Section 5(a)(1) of the OSH Act). Cannabis businesses must provide a workplace free from recognized hazards, including mold, chemical exposure (e.g., solvents in extraction), and ergonomic risks. No federal exemption for cannabis businesses.

Cannabis dispensaries must be accessible to individuals with disabilities under Title III of the ADA. Includes requirements for entrances, aisles, counters, and restrooms. Applies regardless of state legality. Online accessibility may also be required under court interpretations.

Cannabis extraction using certain solvents (e.g., butane, hexane) may produce hazardous waste regulated under the Resource Conservation and Recovery Act (RCRA). Businesses generating >220 lbs/month are Small Quantity Generators (SQGs) and must comply with storage, labeling, training, and manifest requirements. EPA ID number required for SQGs.

All businesses, including cannabis, must avoid deceptive or unfair advertising under Section 5 of the FTC Act. Cannabis businesses must not make unsubstantiated health claims (e.g., 'cures cancer'), and must ensure labeling is truthful. FTC has taken action against CBD companies for false claims. Applies even if state-legal.