Possession of Marijuana Penalty in Virginia
January 3, 2019 by Jean Humbrecht
The Possession of Marijuana Penalty in Virginia is no Longer Criminal
Marijuana possession in Virginia is no longer a crime. Possession of marijuana in Virginia used to be charged as a misdemeanor and was punished with a fine, jail time, mandatory driver’s license suspension, and a permanent criminal record that could never be expunged. However, recently the law changed the possession of marijuana penalty in Virginia to be a fine and no longer criminal.
Although the penalty changed, it is still against the law in Virginia to knowingly and intentionally possess marijuana (Va. Code §18.2-250.1) without a valid prescription or order of a practitioner while acting in the course of his professional practice. The penalty, however, has changed significantly.
Possession of Marijuana Penalty in Virginia
The penalty for possession of marijuana in Virginia is now only a civil penalty. The penalty is a fine up to a maximum of $25. There will not be any court costs after a conviction, as there were in the past when the offense was charged as a misdemeanor. Additionally, a conviction will not go on a person’s criminal record, because the offense is no longer a crime.
However, if a person is convicted of possession of marijuana 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 driving record.