Is Possession of Marijuana A Criminal Offense in Virginia?
November 1, 2020 by Jean Humbrecht
Is Possession of Marijuana A Criminal Offense in Virginia?
Decriminalization and legalization of marijuana in Virginia are not the same thing. Marijuana decriminalization in Virginia means the criminal penalties for possession of marijuana have been removed. Legalizing marijuana, however, would remove ANY penalty (criminal or civil) for marijuana possession. If you are wondering, is possession of marijuana in Virginia a crime, read the post below.
Is Possession of Marijuana in Virginia a Crime?
Until recently, possession of marijuana in Virginia was a crime. It was charged as a misdemeanor and punished with jail time, fines, automatic driver’s license suspension, and a conviction would remain on a person’s permanent criminal record and could never be expunged. In 2020, however, the law in Virginia changed the punishment for marijuana possession to be a fine only.
Even though it is no longer a crime, it is still against the law in Virginia to knowingly and intentionally possess marijuana (Va. Code §18.2-250.1) without a valid prescription.
Penalty for Marijuana Possession in Virginia
As a result of decriminalization of marijuana in Virginia, marijuana possession is now punished with a civil penalty. The maximum punishment is a fine up to $25. It is not punished with jail, driver’s license suspension, a criminal record, and court costs are no longer required to be paid after a conviction.
Additionally, if a person was operating a commercial motor vehicle at the time of the possession, the offense will be reported on the person’s driving record.