Marijuana Decriminalization in Virginia
July 20, 2020 by Jean Humbrecht
Legalization of marijuana and marijuana decriminalization in Virginia are not the same thing. Marijuana decriminalization in Virginia refers to removing criminal penalties for possessing small amounts of marijuana. While no longer a crime, marijuana possession in Virginia is still against the law but it is punished with a civil penalty. Legalization of marijuana would remove any penalty (civil or criminal) for simple possession of marijuana.
Until July 2020, possession of marijuana in Virginia was charged as a misdemeanor and was punished with fins, jail time, mandatory driver’s license suspension, and a conviction would result in a permanent criminal record. However, in July 2020 the law changed the punishment for marijuana possession in Virginia.
Marijuana Decriminalization in Virginia Does Not Mean Marijuana Possession is Legal
Does Marijuana Decriminalization in Virginia Mean Possession is Still Against the Law?
It is still against the law to knowingly and intentionally possess marijuana in Virginia (Va. Code §18.2-250.1) unless the person obtained the marijuana directly from or pursuant to a valid prescription. The penalty now, however, is very different.
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. The offense is not punished with any jail time, license suspension, and most importantly, will not go a persona’s permanent criminal record. Court costs will no longer be assessed, as they were in the past when the offense was charged as a misdemeanor.
If a person is convicted of marijuana possession in Virginia and was operating a commercial motor vehicle at the time of the possession, however, the offense will be reported on the person’s driving record.