Possession of Marijuana in Virginia Penalties

In July 2020, Virginia decriminalized possession of marijuana. This means that a possession of marijuana charge will no longer be a crime. Marijuana decriminalization, however, is not the same thing as legalization of marijuana.  Marijuana possession is still against the law in Virginia. What has changed, though, are the possession of marijuana in Virginia penalties.

possession of marijuana in Virginia

The Possession of Marijuana Penalties in Virginia are no Longer Criminal

Possession of Marijuana in Virginia

Marijuana possession in Virginia (Va. Code §18.2-250.1) is the knowing and intentional possession of marijuana without a valid prescription. Possession of marijuana in Virginia is no longer a crime. It is a civil offense and is punished only with a fine.

Previously, possession of marijuana in Virginia was a misdemeanor punished with a fine, jail, mandatory driver’s license suspension, and a conviction would remain on a person’s permanent criminal record and could never be expunged.

Possession of Marijuana in Virginia Penalties

The penalties for possession of marijuana in Virginia are no longer criminal. After the change in law, the penalty for marijuana possession in Virginia is civil and is a fine up to $25. Anyone convicted of marijuana possession in Virginia resulting in a civil penalty will no longer have to pay courts costs. Additionally, the offense will not go on a person’s criminal record. It will, however, be reported to the Virginia DMV and will go on a person’s driving record if he or she was was operating a commercial motor vehicle at the time of the offense.

 

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