Is Possession of Marijuana in Virginia a Criminal Offense?
March 1, 2021 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 marijuana possession. If you are wondering, is possession of marijuana in Virginia a criminal offense, read the post below.
Is Possession of Marijuana in Virginia a Criminal Offense?
Is Possession of Marijuana in Virginia a Criminal Offense?
Until recently, marijuana possession in Virginia was a crime and was punished with a fine, jail, driver’s license suspension, and a conviction could never be expunged from the person’s permanent criminal record. However, in July 2020 the law in Virginia changed and a Virginia possession of marijuana charge is no longer a criminal offense.
However, even though is it no longer a crime, it is still against the law in Virginia to possess marijuana without a valid prescription (Va. Code §18.2-250.1).
Penalty for Possession of Marijuana Charge 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 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 driving record.