Virginia Beach Marijuana Attorneys

Penalties for the Possession & Sale of Marijuana

On April 7th, 2021, The Virginia Legislature voted to legalize the use and possession of recreational marijuana. As of July 1st, 2021, those changes have fully come into effect.

Here's what it means for Virginians:

• Individuals over the age of 21 can now possess an ounce or less of marijuana while in Virginia.
• The state intends to form an agency, the Virginia Cannabis Control Authority (VCCA) to regulate the buying and selling of marijuana.
• Starting July 1st, 2023, the state will begin taking applications from residents who wish to legally sell or buy marijuana. Until then, doing so will still be illegal.
• Virginians who wish to do so can grow marijuana as long as it's out of the reach of any children, but cannot sell it.
• Driving with marijuana in your car will still be illegal, even if you are over the age of 21 and have less than an ounce in your possession.

If you are found with over an ounce but less than a pound of marijuana in your possession, you may be fined up to $25 and face civil charges.

If you are found with over a pound of marijuana in your possession, you could face felony charges with a maximum fine of $250,000 and a jail sentence of up to ten years.

Possessing marijuana on school grounds is now classified as a class 2 misdemeanor, with penalties of up to six months in jail and a fine of up to $1,000.

I Have a Marijuana Conviction on My Record Pre-Legalization - What Happens to It?

Unlike some other states, Virginia has not moved to expunge records for individuals previously convicted of marijuana possession or other marijuana-related drug crimes.

However, those convictions are being removed from public view, which should help individuals with prior convictions have an easier time with certain processes such as finding employment or housing.

When the Virginia General Assembly meets again next year, they are due to discuss whether it may be possible to overturn marijuana-related convictions for individuals who meet certain guidelines.

Can You Get Marijuana from Another State or By Mail in VA?

By federal law, it is illegal to transport marijuana across state lines, even from a legal state to another legal state. Therefore, you cannot order marijuana by mail in Virginia or buy it in another state and bring it with you to Virginia.