Virginia Marijuana Possession Charge
June 13, 2021 by Jean Humbrecht
A Virginia Marijuana Possession Charge is No Longer a Crime
Virginia decriminalized marijuana possession in 2020. This means that being charged with simple possession of marijuana will no longer be a crime. Decriminalization of marijuana, however, is not the same as legalization of marijuana. It is still against the law to possess marijuana in Virginia. What has changed is the penalty for a Virginia marijuana possession charge.
Virginia Marijuana Possession Charge
A Virginia marijuana possession charge (Va. Code §18.2-250.1) can result from the knowing and intentional possession of marijuana without a valid prescription.
Previously, possession of marijuana in Virginia was a misdemeanor punished with fines, jail time, mandatory driver’s license suspension, and a conviction would remain on an offender’s criminal record permanently and could never be expunged.
Virginia Marijuana Possession Charge Penalty
The Virginia marijuana possession penalty is no longer criminal. After the change in the law, the penalty for a Virginia marijuana possession charge committed after the effective date of the new law will be a civil penalty. The punishment is a fine up to $25. Additionally, anyone convicted of possession of marijuana in Virginia charged after July 1, 2020 will no longer have to pay courts costs, as they did in the past. The offense will not go 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 marijuana possession occurred while operating a commercial motor vehicle.
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