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.