Is Marijuana Possession in Virginia a Criminal Offense?
January 2, 2021 by Jean Humbrecht
Decriminalization of marijuana and legalization are often used interchangeably, but they are not the same thing. In Virginia, marijuana decriminalization means the criminal penalties for a marijuana possession charge have been removed. Legalization of marijuana, however, would remove ANY penalty-criminal or civil-for marijuana possession. If you are wondering, is possession of marijuana in Virginia a criminal offense, read the post below.
Is Marijuana Possession in Virginia a Criminal Offense?
Is Marijuana Possession in Virginia a Criminal Offense?
Until recently, marijuana possession in Virginia was charged as a crime and was punished with a fine, jail, driver’s license suspension, and would remain on a person’s permanent criminal record and could never be expunged. However, in July 2020 the law in Virginia changed and a marijuana possession charge in Virginia is no longer a criminal offense.
However, it is still against the law in Virginia to possess marijuana without a valid prescription (Va. Code §18.2-250.1).
Penalty for Marijuana Possession Charge 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. It will no longer be punished with jail time, driver’s license suspension, a criminal record, and court costs are no longer required after a conviction.
However, if the person was operating a commercial motor vehicle at the time of the offense, the conviction will be reported on the person’s Virginia driving record.