Legalization of Marijuana in Virginia

Legalization of marijuana in Virginia took effect July 1, 2021. It now is legal to possess less than one ounce of marijuana. This is usually referred to as simple possession of Marijuana.

Legalization of Marijuana in Virginia Does Not ApplyTo Distribution and Other Acts Not Involving Simple Possession
legalization of marijuana in Virginia

Legalization of Marijuana in Virginia Applies to Simple Possession

Although simple possession of Marijuana in Virginia is now legal, there are many acts involving marijuana that are still illegal. These include:

  • Possession of Marijuana with Intent to Distribute (Va. Code §18.2-248.1)
  • Distributing, Selling, Giving Marijuana (Va. Code §18.2-248.1)
  • Distribution of Marijuana to Persons Under 18 (Va. Code §18.2-255(A)(i))
  • Causing Person Under 18 to Distribute Marijuana (Va. Code §18.2-255(A)(ii))
  • Distribution, Sale or Display of Materials to Minors Advertising Instruments for Use in Administering Marijuana (Va. Code §18.2-255.1)
  • Distributing Marijuana on School or Other Public Property (Va. Code §18.2-255.1)
  • Manufacturing Marijuana  (Va. Code §18.2-248.1)
  • Conspiracy to Commit Offense involving the Distribution, Sale or Manufacturing of Marijuana (Va. Code §18.2-256)
  • Attempting to Commit Offense Involving the Distribution, Sale or Manufacturing of Marijuana (Va. Code §18.2-257)
  • Operating a Common Nuisance (a premises frequented by people under the influence of illegally obtained marijuana or controlled substances or a premises whose purpose is to facilitate the illegal distribution, manufacture or possession of marijuana) (Va. Code §18.2-258)
  • Maintaining Fortified Drug House (Va. Code §18.2-258.02)
  • Obtaining Marijuana by Fraud, Deceit, or Forgery (Va. Code §18.2-258.1(A))
  • Obtaining Marijuana by Furnishing False Information or Making False Statements (Va. Code §18.2-258.1(B))
  • Using a Fictitious, Revoked, or Suspended License Number or License Number of Another Person in the Course of Manufacturing or Distributing Marijuana (Va. Code §18.2-258.1(C))
  • Misrepresentation of Oneself as a Manufacturer, Wholesaler, Pharmacist, or Other Authorized Person To Obtain Marijuana (Va. Code §18.2-258.1(D))
  • Making or Uttering a False or Forged Prescription to Obtain Marijuana (Va. Code §18.2-258.1(E))
  • Assisting Person in Unlawfully Procuring Prescription (Va. Code §18.2-258.2)
  • Prescribing, Administering, or Dispensing Drug in Violation of Drug Control Act (Va. Code §18.2-260)
  • Possession, Use, Attempted Use of Firearm while Committing or Attempting to Commit Distribution, Sale, Manufacture, or Possession of More Than One Pound of Marijuana with Intent to Manufacture, Sell, or Distribute (Va. Code §18.2-308.2:4)

Click here for more information on Possession of Marijuana with Intent to Distribute in Virginia.

Click here for more information on Distribution, Giving, or Selling Marijuana in Virginia.

Click here for more information on Manufacturing Marijuana in Virginia (or Possession with Intent to Manufacture).

Click here for more information on Distribution of Marijuana to a Person Under 18 in Virginia.

Click here for more information on Causing a Person Under 18 to Distribute Marijuana in Virginia.

Click here for more information on the Distribution, Sale or Display of Materials to Minors Advertising Instruments for Use in Administering Marijuana in Virginia.

Click here for more information on Possessing Marijuana on School or Other Public Property in Virginia with Intent to Distribute.

Click here for more information on Distributing Marijuana on School and Other Public Property in Virginia.

Click here for more information on Manufacturing Marijuana on School or Other Public Property in Virginia.

Click here for more information on a third offense Possession of Marijuana in Virginia with Intent to Distribute, Distribution, Selling, Giving, or Manufacturing Marijuana, or Distribution of Marijuana to a Prisoner.

There Are Still Many Offenses Involving Marijuana That Are Illegal in Virginia

Click here for more information on Conspiracy to Commit a Marijuana Offense in Virginia.

Click here for more information on Attempting to Commit a Marijuana Offense in Virginia.

Click here for more information on Operating a Common Nuisance in Virginia.

Click here for more information on Maintaining a Fortified Drug House in Virginia.

Click here for more information on Obtaining Marijuana by Fraud, Deceit or Forgery in Virginia.

Click here for more information on Obtaining Marijuana in Virginia by Furnishing False Information or Making False Statements.

Click here for more information on Using a Fictitious, Revoked, or Suspended License Number or License Number of Another Person in the Course of Manufacturing or Distributing Marijuana in Virginia.

Click here for more information on Misrepresentation of Oneself as a Manufacturer, Wholesaler, Pharmacist, or Other Authorized Person For the Purpose of Obtaining Marijuana in Virginia.

Click here for more information on Making or Uttering a False or Forged Prescription to Obtain Marijuana in Virginia.

Click here for more information on Assisting a Person in Unlawfully Procuring a Prescription in Virginia.

Click here for more information on Prescribing, Administering, or Dispensing Drug in Violation of Drug Control Act in Virginia.

Click here for more information on Possession, Use, or Attempted Use of Firearm in Virginia while Committing or Attempting to Commit Distribution, Sale, Manufacture, or Possession of More Than One Pound of Marijuana with Intent to Manufacture, Sell, or Distribute.

 

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