Virginia Marijuana Decriminalization
September 16, 2020 by Jean Humbrecht
Virginia Marijuana Decriminalization Does Not Mean Marijuana is Legal
Virginia marijuana decriminalization and legalization of marijuana are not the same thing. Virginia marijuana decriminalization refers to removing the criminal penalties for marijuana possession. Legalizing marijuana, however, would remove any penalty (criminal or civil) for possession of marijuana.
Until recently, possession of marijuana in Virginia was charged as a misdemeanor and was punished with a fine, jail time, driver’s license suspension, and a conviction could never be expunged from a person’s permanent criminal record. However, in 2020 the law changed the punishment for possession of marijuana in Virginia to be a fine only.
Virginia Marijuana Decriminalization Does Not Mean Marijuana Possession is Now Legal
It is still against the law to knowingly and intentionally possess marijuana in Virginia (Va. Code §18.2-250.1) without a prescription.
Penalty for Possession of Marijuana in Virginia
As a result of Virginia marijuana decriminalization, marijuana possession is now punished with a civil penalty, which is a fine up to $25. The offense is not punished with jail, driver’s license suspension, or a permanent criminal record. Additionally, anyone convicted of marijuana possession in Virginia will no longer have to pay court costs.
However, if a person was operating a commercial motor vehicle at the time of the possession, the offense will be reported on the person’s driving record upon conviction.