State Laws

Virginia Marijuana Laws

     

The state of Virginia currently does not allow marijuana possession or usage for legal medical purposes. Any individual acting under medical advisory will be punished according to state law. Virginia has less severe sentences for marijuana laws, in comparison to other states.

Virginia laws have lesser charges for first-time offenders and the option of probation. Probation allows an individual's record to be swept clean after the probationary period is complete. Also unlike some states, Virginia does not usually have mandatory minimum sentencing for either sale or possession crimes. Under the law all those charged with marijuana offenses, in addition to all other penalties, will have their driver's licenses suspended for at least six months.

Possession
Possession offenses in Virginia are based on prior offenses and are considered misdemeanor offenses. Possessing any amount of marijuana on a first offense will be punished through a fine of five hundred dollars and up to thirty days in jail. Possessing any amount on a subsequent offense can earn a fine of twenty-five hundred dollars and up to one year of incarceration.

Cultivation
All cultivation offenses are considered felony offenses. The state of Virginia currently does not have separate categories for these kinds of offenses. Any individual cultivation any amount of marijuana will be penalized with a fine of ten thousand dollars and incarceration terms between five years and thirty years.

Sale
Unlike cultivation offenses, all sale offenses are broken into weighed amounts. Though like cultivation offenses, sale offenses are also considered felonious crime. The sale of half an ounce can earn one year of incarceration and a fine up to twenty-five thousand dollars. Selling between half an ounce and five pounds is punishable by a fine of twenty-five thousand dollars and incarceration between one year and ten years.

Selling between five pounds and one hundred kilograms is penalized through a fine of twenty-five hundred dollars and imprisonment between five years and thirty years. The sale of more than one hundred kilograms can earn up to one million dollars in fines and with a mandatory minimum of twenty years of incarceration.

Selling any amount of marijuana to a minor is also a felony offense and can earn up to one hundred thousand dollars in fines and ten to fifty years of incarceration. Selling any amount on or within one thousand feet of school property or other specified area can earn one to five years of imprisonment and up to one hundred thousand dollars in fines. The transportation of five pounds or more out of Virginia state lines with the intent to sell can be punished through three to forty years of incarceration and up to a million dollars in fines.

Other
Selling marijuana paraphernalia is considered a misdemeanor offense and can earn up to one year of imprisonment and a fine of twenty-five hundred dollars. Selling marijuana paraphernalia to a minor is a felony offense that can earn a fine up to twenty-five hundred dollars and imprisonment between one and five years. Virginia currently has laws prohibiting individuals from driving under the influence of illegal drugs. However marijuana is not named explicitly as one of these drugs.

See also:
Virginia Gun Laws
Virginia Divorce
Virginia Bankruptcy Laws
Virginia Misdemeanor External link (opens in new window)
Virginia Expungement External link (opens in new window)
Virginia Felony External link (opens in new window)