in 2020, Virginia decriminalized simple possession of marijuana. This means that simple possession of marijuana is no longer a crime. Decriminalization of marijuana and legalization of marijuana, however, are not the same. Marijuana possession is still against the law in Virginia. What has changed is the penalty for a marijuana possession charge in Virginia.
Marijuana Possession Charge in Virginia
A marijuana possession charge in Virginia (Va. Code §18.2-250.1) can result from the knowing and intentional possession of marijuana without a valid prescription.
A Marijuana Possession Charge in Virginia is No Longer a Crime
Previously, marijuana possession in Virginia was charged as a misdemeanor. It was punished with fines, jail, mandatory driver’s license suspension, and a conviction would remain on an offender’s permanent criminal record and could never be expunged.
Penalty for Marijuana Possession Charge in Virginia
The penalty for a marijuana possession charge in Virginia is no longer criminal. After the change in the law, the offense is punished with a civil penalty. The punishment is a fine up to $25. Additionally, courts costs will no longer be required after a conviction for a marijuana possession charge in Virginia. Perhaps most importantly, the offense will no longer be reported on a person’s criminal record. It will, however, be reported on a person’s driving record if the marijuana possession occurred while the person was operating a commercial motor vehicle.
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