Penalties for Virginia Marijuana Possession
January 14, 2021 by Jean Humbrecht
The Penalties for Virginia Marijuana Possession are No Longer Criminal
In July 2020, Virginia decriminalized possession of marijuana. This means that being charged with simple possession of marijuana is no longer a crime. However, it does not mean that marijuana possession is legal in Virginia. Decriminalization of marijuana and legalization of marijuana are not the same thing. What has changed are the penalties for Virginia marijuana possession.
Possession of Marijuana in Virginia
Possession of marijuana in Virginia is the knowing and intentional possession of marijuana without a valid prescription (Va. Code §18.2-250.1). Marijuana possession is no longer a crime in Virginia. It is a civil offense and is punished only with a fine. Previously, possession of marijuana in Virginia was a misdemeanor and was punished with fines, jail, mandatory driver’s license suspension, and a conviction could never be expunged from the offender’s permanent criminal record.
Penalties for Virginia Marijuana Possession
The penalties for Virginia marijuana possession are no longer criminal. After the change in the law, it is now a civil penalty of a fine up to $25. Anyone convicted of marijuana possession in Virginia resulting in a civil penalty will not have to pay courts costs, as they did in the past. Additionally, the offense will not be reported on a person’s criminal record, since it is no longer a crime. It will, however, be reported on a person’s driving record if the person was operating a commercial motor vehicle at the time of the possession.
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