Is Possession of Marijuana a Crime in Virginia?
May 1, 2021 by Jean Humbrecht
Many people confuse the terms decriminalization and legalization of marijuana, but they are not the same thing. In Virginia, marijuana decriminalization means the criminal penalties for possession of marijuana 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 a crime in Virginia, read the post below.
Is Possession of Marijuana a Crime in Virginia?
Is Possession of Marijuana A Crime in Virginia?
Until recently, possession of marijuana in Virginia was a crime. It was charged as a misdemeanor and punished with fines, jail time, driver’s license suspension, and a conviction could never be expunged from the offender’s permanent criminal record. However, in 2020 the law in Virginia changed the punishment for marijuana possession to be a fine only.
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 in Virginia
As a result of marijuana decriminalization 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, 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 to the Virginia DMV and will be reported on the person’s driving record if he or she is convicted.