Possession of Marijuana in Virginia No Longer A Crime
July 1, 2020 by Jean Humbrecht
Possession of Marijuana in Virginia is No Longer a Crime
Possession of Marijuana in Virginia is no longer a crime. It used to be a misdemeanor, punished with a fine, jail time, mandatory driver’s license suspension, and a conviction would remain on the person’s permanent criminal record. However, in July 2020 the law changed the punishment for possession of marijuana in Virginia to be a fine and no longer a criminal offense.
Is Marijuana Possession Still Against the Law?
It is still against the law to knowingly and intentionally possess marijuana in Virginia (Va. Code §18.2-250.1) unless the person obtained the marijuana directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice. The penalty, however, has changed dramatically.
Penalty for Possession of Marijuana in Virginia
The punishment for possession of marijuana in Virginia is now a civil penalty with a fine up to $25. There will not be court costs associated with a conviction, as there were in the past when the offense was a misdemeanor. Additionally, a conviction will not go on a person’s criminal record, because the offense is no longer a crime.
If a person is convicted of possession of marijuana in Virginia and was operating a commercial motor vehicle at the time of the possession, the offense will, however, be reported to the Virginia DMV and will be included on the person’s driving record.