Decriminalization of Marijuana in Virginia
December 28, 2020 by Jean Humbrecht
Decriminalization of Marijuana in Virginia Does not Mean that Marijuana is Legal to Possess
Marijuana legalization and decriminalization of marijuana in Virginia are not the same thing. Decriminalization of marijuana in Virginia refers to removing criminal penalties for marijuana possession. Legalization of marijuana, however, would remove any penalty (criminal or civil) for simple possession of marijuana.
Until recently, marijuana possession in Virginia was charged as a misdemeanor and was punished with high fines, jail time, mandatory driver’s license suspension, and a conviction would result in a permanent criminal record. However, in July 2020 the law changed the punishment for marijuana possession in Virginia to be a fine only and no longer a crime.
Does Decriminalization of Marijuana in Virginia Mean Marijuana is Legal?
No. It is still against the law to knowingly and intentionally possess marijuana in Virginia (Va. Code §18.2-250.1) without a valid prescription.
Penalty for Marijuana Possession in Virginia
As a result of decriminalization of marijuana in Virginia, marijuana possession is now punished with a civil penalty of a fine up to $25. The offense is not punished with any jail time, license suspension, and will not go a persona’s permanent criminal record. Additionally, court costs will no longer be assessed after a conviction.
If a person is convicted of marijuana possession in Virginia and was operating a commercial motor vehicle at the time of the possession, however, the offense will be reported on the person’s driving record.