Is Marijuana Decriminalized in Virginia?
August 26, 2020 by Jean Humbrecht
Is Marijuana Decriminalized in Virginia?
Decriminalization of marijuana and legalization of marijuana are not the same thing. Decriminalization of marijuana in Virginia refers to removing the criminal penalties for marijuana possession. Legalizing marijuana, however, would remove any penalty (criminal or civil) for possession of marijuana. If you are wondering, is marijuana decriminalized in Virginia, read the post below.
Is Marijuana Decriminalized in Virginia?
Until recently, a possession of marijuana charge in Virginia was a crime. It was charged as a misdemeanor and was punished with a fine, jail time, mandatory driver’s license suspension, and a conviction could never be expunged from a person’s permanent criminal record. However, in 2020 the criminal penalties for possession of marijuana were removed and the offense is now punished with a fine only.
Marijuana Decriminalization in Virginia Does Not Mean Marijuana Possession is Now Legal
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 Charge in Virginia
As a result of marijuana decriminalization in Virginia, possession of marijuana is now punished with a civil penalty (a fine up to $25). The offense is not punished with any jail, driver’s license suspension, or court costs.
However, a conviction for possessing marijuana while operating a commercial motor vehicle will be sent to the Virginia DMV and will be reported on the person’s driving record upon conviction.