Is Marijuana Possession a Crime in Virginia?

Decriminalization and legalization of marijuana in Virginia are often used interchangeably, but they are not the same thing.  Decriminalization of marijuana in Virginia means it is no longer a crime to possess marijuana in Virginia. Legalization of marijuana, however, means it is not against the law AT ALL and would remove ANY penalty (criminal or civil) for possession of marijuana in Virginia. If you are wondering, is marijuana possession a crime in Virginia, read the post below.

Is Marijuana Possession a Crime in Virginia?

Until recently, possession of marijuana in Virginia was a crime. It was charged as a misdemeanor and punished with jail, a fine, driver’s license suspension, and a permanent criminal record. However, in July 2020 the law changed the punishment for possession of marijuana in Virginia to a civil penalty.

is marijuana possession a crime in Virginia

Is Marijuana Possession a Crime in Virginia?

It is still against the law in Virginia to possess marijuana (Va. Code §18.2-250.1) without a valid prescription, even though a violation will not be charged as a crime.

Penalty for Marijuana Possession in Virginia

As a result of decriminalization of marijuana in Virginia, a conviction for a marijuana possession charge will now result in a civil penalty of a fine up to $25. It is no longer punished with any jail time, driver’s license suspension, a criminal record, and court costs are no longer required if convicted.

Additionally, if a person was convicted of violating the statute and at the same time was operating a commercial motor vehicle, the offense will be reported on the person’s driving record.

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