Marijuana Possession in Virginia No Longer a Crime

marijuana possession in virginia no longer a crime

Marijuana Possession in Virginia is No Longer a Crime

A possession of marijuana charge in Virginia is no longer a crime. It used to be a misdemeanor and was punished with a fine, jail, mandatory driver’s license suspension, and a conviction would remain on a person’s criminal record permanently and could never be expunged. However, in July 2020 the law changed the punishment for a marijuana possession charge in Virginia to be a fine and no longer a criminal offense.

Is Possession of Marijuana Still Against the Law in Virginia?

It is still against the law to knowingly and intentionally possess marijuana in Virginia without a valid prescription (Va. Code §18.2-250.1). The penalty, however, has changed dramatically.

Penalty for Possession of Marijuana Charge in Virginia

The punishment for a possession of marijuana charge in Virginia is no longer criminal and is a civil penalty of a fine up to $25. There will not be court costs associated with a conviction, as there were in the past when the offense was a misdemeanor. Additionally, a conviction will not be reported on a person’s criminal record, because the offense is no longer criminal.

However, if a person is convicted of a possession of marijuana charge in Virginia and was operating a commercial motor vehicle at the time of the possession, the conviction will be reported to the Virginia DMV and will be reported on the person’s Virginia driving record.

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