Penalty for Virginia Possession of Marijuana Charge
March 11, 2021 by Jean Humbrecht
Possession of marijuana in Virginia is no longer a crime. The offense used to be a misdemeanor, punished with a fine, jail, mandatory driver’s license suspension, and a permanent criminal record that could never be expunged. However, the law recently changed and possession of marijuana in Virginia will no longer be punished with criminal penalties. For more information on the penalty for Virginia possession of marijuana charge, read the post below.
Is Possession of Marijuana Still Against the Law in Virginia?
Even though possession of marijuana is no longer a crime in Virginia, it is still against the law to knowingly and intentionally possess marijuana in Virginia under Va. Code §18.2-250.1 without a prescription. If convicted of marijuana possession in Virginia now, however, the offender will only face a civil penalty.
Penalty for Virginia Possession of Marijuana Charge
The penalty for a Virginia possession of marijuana charge will now be a fine up to $25 and is a civil, not criminal, penalty. Anyone convicted of possession of marijuana in Virginia will no longer have to pay court costs (which are required after criminal convictions and sometimes even cases that don’t result in a conviction). Additionally, a conviction will not be reported on a person’s permanent criminal record.
A conviction for possession of marijuana in Virginia that occurred while the offender was operating a commercial motor vehicle, however, will be sent to the Virginia DMV and will be reported on the person’s driving record.