Fairfax County residents will pay a 3.5% local tax on recreational marijuana purchases when retail sales launch July 1, 2027.

The Board of Supervisors voted 10-0 on Tuesday, Oct. 13, to direct county staff to draft an ordinance imposing the tax at the maximum rate state law allows, FFXnow first reported. No supervisor raised the possibility of setting a lower rate. State law requires localities to impose a cannabis tax and gives them leeway to set it between 1% and 3.5%.

The local levy would stack on top of the standard state sales tax and a separate 6% state marijuana tax. Board Chair Jeff McKay initiated the directive, which also tells staff to fold estimated revenue from the 3.5% tax into the fiscal year 2028 budget that County Executive Bryan Hill will propose early next year.

County staff will bring a draft tax proposal back to the board next spring. A public hearing would follow before the ordinance takes effect.

Zoning rules in the works

The same Oct. 13 vote directed staff to begin writing zoning regulations that will govern where marijuana retail shops can open in the county. Staff has been working on local cannabis policy since Gov. Abigail Spanberger approved the creation of a retail market in June.

In response to a question from Hunter Mill District Supervisor Walter Alcorn, staff said they are waiting on clarifying language from the state government, which they expected to receive "in coming weeks."

At a July 7 meeting of the board's Land Use Policy Committee, McKay said the county wanted to be proactive. "We want to make sure we put in place what we need to put in place," he told the committee, according to FFXnow's July report. Leslie Johnson, the county's zoning administrator, said at that meeting that staff would work to get ordinance updates in front of supervisors in a timely fashion.

State timeline

Virginia's Cannabis Control Authority (CCA) released an 82-page draft of retail regulations in September, covering licensing, cultivation, testing, packaging and security, 13News Now reported. The CCA expects to finalize those rules in December and publish them in January.

State law caps standard retail licenses at 350 statewide. That cap does not include microbusinesses or existing medical cannabis operators that qualify to sell recreational products. Applications for certain license types are expected to open Feb. 1, 2027, with initial licenses anticipated May 1. Eligible businesses could begin sales July 1, 2027, though CCA acting head Jamie Patten said not every business will necessarily be ready on day one.

Residents who want to weigh in on the local tax ordinance will have a chance at the public hearing next spring. The board has not yet set a date.