Virginia Possession of Marijuana Penalties
May 20, 2021 by Jean Humbrecht
In July 2020, Virginia decriminalized possession of marijuana. This means that being charged with marijuana possession will no longer be a crime. Decriminalization of marijuana, however, is not the same thing as legalization of marijuana. Possession of marijuana is still in fact against the law in Virginia. What has changed, though, are the Virginia possession of marijuana penalties.
Virginia Possession of Marijuana
Possession of marijuana in Virginia (Va. Code §18.2-250.1) is the knowing and intentional possession of marijuana without a valid prescription. Marijuana possession in Virginia is no longer a criminal offense. It is a civil offense and therefore is punished only with a fine.
Previously, marijuana possession in Virginia was a misdemeanor punished with a fine, jail time, mandatory driver’s license suspension, and a conviction could never be expunged from a person’s permanent criminal record.
Virginia Possession of Marijuana Penalties
The Virginia possession of marijuana penalties are no longer criminal. After the change in law, the penalty for possession of marijuana in Virginia is civil and is a fine up to $25. Anyone convicted of marijuana possession in Virginia resulting in a civil penalty will no longer have to pay courts costs. 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 person’s driving record if he or she was was operating a commercial motor vehicle at the time of the offense.
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