Marijuana Possession No Longer a Crime in Virginia
April 1, 2021 by Jean Humbrecht
Possession of marijuana in Virginia is no longer a criminal offense. It used to be a misdemeanor, punished with a fine, jail time, mandatory driver’s license suspension, and a conviction would remain on a person’s permanent criminal record and could never be expunged. However, in July 2020 the law changed the punishment for a possession of marijuana charge in Virginia to be a fine only and it is no longer a crime.
Is Possession of Marijuana in Virginia Still Against the Law?
Marijuana Possession No Longer A Crime 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, is very different.
Penalty for Virginia Possession of Marijuana Charge
The punishment for a possession of marijuana charge in Virginia is no longer criminal. Possession of marijuana is now treated as a civil offense and is punished with a fine up to $25. There will be no court costs associated with a conviction, as there were in the past when the offense was charged a misdemeanor. Additionally, a conviction will not be reported on a person’s criminal record.
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.