Virginia Marijuana Possession Penalty
February 26, 2021 by Jean Humbrecht
The Virginia Marijuana Possession Penalty is Now a Fine
In July 2020, Virginia decriminalized marijuana possession. This means that being charged with simple possession of marijuana will no longer be a crime. Decriminalization of marijuana and legalization of marijuana, however, are not the same thing. Possession of marijuana in Virginia is still against the law. What has changed is the marijuana possession penalty in Virginia.
Virginia Marijuana Possession
Possession of marijuana in Virginia (Va. Code §18.2-250.1) is the knowing and intentional possession of marijuana without a prescription. Marijuana possession in Virginia is no longer a crime. It is a civil offense and therefore is punished only with a fine. Previously, marijuana possession in Virginia was a misdemeanor punished with fines, jail time, driver’s license suspension, and a conviction would go on the offender’s permanent criminal record and could never be expunged.
Virginia Marijuana Possession Penalty
The Virginia marijuana possession penalty is no longer criminal. After the change in the law, the Virginia marijuana possession penalty is now a civil penalty. The punishment is a fine up to $25. Anyone convicted of possession of marijuana in Virginia resulting in a civil penalty will not have to pay courts costs, as they did in the past. Additionally, the offense will not go on a person’s criminal record, since it is no longer a crime. It will, however, go on a driver’s driving record if the person convicted was operating a commercial motor vehicle at the time of the offense.
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