Virginia marajuana, most commonly – and correctly – spelled "marijuana," is now more accessible than ever. Since Virginia legalized medical marijuana and recently decriminalized it for adults 21 years old and older, patients and recreational consumerism have become less stigmatized.
But what are the rules surrounding Virginia marajuana?
In this post, we cover the ins and outs of Virginia marajuana, including legality, where patients can get it, and what you need to know before consuming it.
Virginia Marajuana: The Basics
In Virginia, there are two types of cannabis: marijuana and hemp. Hemp is a variety of the Cannabis sativa plant that is grown primarily for its fiber, oil, seeds, and CBD.
On the other hand, marijuana is a psychoactive drug made from the dried flowers of the female Cannabis sativa plant. It contains higher concentrations of the mind-altering chemical THC, also used for pain relief, and other cannabinoids that produce a "high."
Over the last session, current Governor Ralph Northam advocated for cannabis reform. In February, lawmakers sent bills to propose legalization in Virginia. This legislation included a clause that would speed up the time table to legalize home cultivation and possession. By April, both chambers approved of these proposed changes.
Then, on July 1, 2021, Virginia legalized public possession of up to one ounce of marajuana in Virginia, along with up to four cannabis plants for at home cultivation. Furthermore, private sharing for up to an ounce of cannabis between adults also became legal. However, no remuneration could be involved with these exchanges.
Virginia Marajuana Laws
Virginia Marajuana Possession
Marajuana possession in Virginia was a Civil Violation for up to 1 ounce. However, these days, you're allowed to possess up to an ounce of cannabis in public.
Marajuana Sales, Manufacturing, & Trafficking in Virginia: The Basics
The state of Virginia considers anything over one ounce of marajuana a felony. If someone is caught with 1 ounce to five pounds, they face between 1 and 10 years in prison, along with as much as $2,500 in fines.
However, if someone is arrested with 5 pounds to 100 kilograms of marajuana, they may serve 5 to 30 years of incarceration and as much as $1,000 in fines. Over 100 kilograms of marajuana in Virginia could result in a sentence of 20 years to life and fines as high as $100,000.
Selling marajuana to a minor – at least 3 years younger than the seller – is a felony charge. Violators face two to 50 years and as much as $100,000 in fines. If the sale happens within 1,000 feet of a school or school bus stop the charge is a felony that can result in one to five years and fines as high as $100,000.
Virginia also prohibits manufacturing marajuana. This is a felony. Violators face five to 30 years incarceration, and may have to pay fines as high as $10,000. But if the individual is transporting anything over five pounds into the state, they will receive a felony charge with between 5 and 40 years imprisonment and fines as high as $1,000,000.
Hash and concentrates fall under Virginia's marajuana laws, too.
Virginia Paraphernalia Laws
Selling or possessing with intent to sell paraphernalia is a misdemeanor charge that can result in 1 year incarceration and as much as $2,500 in fines. Selling paraphernalia to a minor who’s at least 3 years younger results in a felony charge punishable by as long as one year in prison and up to $2,500 in fines.
Civil Asset Forfeiture Marajuana Law in Virginia
Assets, which includes but isn't limited to vehicles, are also seizable during civil proceedings. This can happen even if the state does not bring criminal charges.
Virginia Marajuana Legalization FAQs
What is the penalty for marijuana possession in Virginia?
The penalty for marijuana in Virginia depends on how much marajuana someone possesses or if they’re selling and distributing it. For example, possession of one ounce or less has been decriminalized. However, possession of up to five pounds is a felony that could result in one to 10 years in prison and fines up to $2,500.
Can I get a job if I have a felony charge for marijuana possession?
Yes, you can get a job with a felony conviction. However, the conviction might limit your employment opportunities.
I have a medical marijuana card from another state. Can I use this in Virginia?
No, you cannot. Each state has its own rules and regulations when it comes to marajuana reciprocity. Keep in mind, a Virginia marajuana card holder can purchase cannabis products at DC dispensaries.
What about taxes on marajuana in Virginia?
Virginia has a tax on marijuana and related products. The state also expects dispensaries to pay local taxes, as well.
Concluding on Virginia Marajuana
Virginia has a number of laws in regards to marajuana, some that have been around for a while and others that are more recent. It's important to stay up-to-date on the state's stances on cannabis, especially if you're a resident or plan on visiting.
The laws in Virginia are changing as more and more states legalize. What's illegal now might be legal in a year or less. Ultimately, this is up to the lawmakers and the pressure activists put on them.
Looking to get a medical marajuana card in Virginia? We can help!
Contact us at CannabisRxHealth to schedule your consultation with one of our licensed physicians to get your recommendation today!