Possession of Marijuana No Longer a Crime in Virginia
June 1, 2021 by Jean Humbrecht
Possession of Marijuana is No Longer a Crime in Virginia
A Virginia possession of marijuana charge is no longer a crime. It used to be a misdemeanor and was 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 marijuana possession charge in Virginia to be a fine only and it is no longer a criminal offense.
Is Marijuana Possession in Virginia Still Against the Law?
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 civil and not criminal.
Penalty for Marijuana Possession Charge in Virginia
The punishment for a possession of marijuana charge in Virginia is no longer criminal. Possession of marijuana in Virginia is now punished with a civil penalty of a fine up to $25. Anyone convicted of possession of marijuana in Virginia will no longer have to pay court costs Additionally, a conviction will not be reported on a person’s criminal record, because the offense is no longer a crime.
However, if a person is convicted of a marijuana possession 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.