Virginia Possession of Marijuana Charge

Simple possession of marijuana is no longer a crime in Virginia. In July 2020, Virginia decriminalized possession of small amounts of marijuana. Decriminalization of marijuana and legalization of marijuana, however, are not the same thing. It is still against the law to possess marijuana in Virginia. What has changed is the penalty for a Virginia possession of marijuana charge.

Virginia Possession of Marijuana Charge

A Virginia possession of marijuana charge (Va. Code §18.2-250.1) can result from the knowing and intentional possession of marijuana without a valid prescription.

A Virginia Possession of Marijuana Charge is No Longer a Crime

Previously, marijuana possession in Virginia was a misdemeanor punished with a fine, jail time, driver’s license suspension, and a conviction would remain on an offender’s criminal record permanently and could never be expunged.

Virginia Possession of Marijuana Charge Penalty

The Virginia possession or marijuana penalty is no longer criminal. After the change in the law, the penalty for a Virginia possession of marijuana charge committed after the effective date of the new law will is a fine up to $25. Additionally, anyone convicted of marijuana possession in Virginia charged after July 1, 2020 will no longer have to pay courts costs. 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 possession of marijuana occurred while the person was operating a commercial motor vehicle.

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***