Is Marijuana Possession in Virginia a Crime?
December 1, 2020 by Jean Humbrecht
Many people use the terms decriminalization and legalization of marijuana interchangeably, but they are not the same thing. In Virginia, decriminalization of marijuana means the criminal penalties for marijuana possession have been removed. Legalization of marijuana, however, would remove ANY penalty (criminal or civil) for possessing marijuana. If you are wondering, is marijuana possession in Virginia a crime, read the post below.
Is Marijuana Possessopn in Virginia a Crime?
Until recently, marijuana possession in Virginia was a crime. It was charged as a misdemeanor and punished with jail, fines, driver’s license suspension, and a conviction would be reported on a person’s criminal record and could never be expunged. However, in 2020 the law in Virginia changed the punishment for possession of marijuana to be a fine only.
Although it is no longer a crime, it is still against the law in Virginia to possess marijuana without a prescription (Va. Code §18.2-250.1).
Penalty for Possession of Marijuana in Virginia
As a result of marijuana decriminalization in Virginia, possession of marijuana is now punished with a civil penalty of a fine up to $25. It will no longer be punished with jail, driver’s license suspension, a criminal record, and court costs are no longer required after a conviction.
Additionally, if the person was operating a commercial motor vehicle at the time of the possession, the offense will be reported on the person’s driving record if the person is convicted.