Virginia has undergone significant changes in its marijuana laws in recent years, making it essential for residents to stay informed about the latest regulations. In this blog post, we will summarize the newly updated laws surrounding marijuana use, cultivation, sharing, and possession to help you comprehend your rights and responsibilities under these recent changes.
Possession of Marijuana for Adults
Individuals aged 21 and older are legally permitted to possess a up to one ounce of marijuana for personal use. Specifically, you may possess up to one ounce of marijuana or an equivalent amount of marijuana product in any public place.
Penalties
Possession of marijuana exceeding the allowed quantity can result in a civil penalty of $25. However, possessing more than four ounces but less than one pound of marijuana is considered a Class 3 misdemeanor for the first offense and a Class 2 misdemeanor for subsequent offenses. If caught with more than one pound of marijuana, it is considered a felony, punishable by imprisonment for one to ten years and/or a fine of up to $250,000.
Home Cultivation of Marijuana
Under the updated law, individuals aged 21 and older are allowed to cultivate up to four marijuana plants for personal use, but the total number of plants in a household must not exceed four. Even if there are multiple people in the household, no more than four plants are allowed. These plants must be hidden from public view, kept away from people under the age of 21, and be labelled with the owners name, ID number and a declaration that it is for personal use.
Penalties
Violating the cultivation limits may result in different penalties based on the number of plants. Possession of more than four but less than ten marijuana plants is subject to a civil penalty of $250 for the first offense, a Class 3 misdemeanor for the second offense, and a Class 2 misdemeanor for subsequent offenses. Possession of more than ten but less than 49 marijuana plants is considered a Class 1 misdemeanor, while possessing between 49 and 100 plants is classified as a Class 6 felony. Possession of over 100 marijuana plants can lead to a felony charge with a prison term of one to ten years and/or a fine of up to $250,000.
Adult Sharing of Marijuana
"Adult sharing" refers to the transfer of marijuana between individuals who are 21 years or older without any form of payment.
Penalties
Adult sharing is permitted and does not incur any civil or criminal penalties, provided the amount shared does not exceed one ounce or its equivalent in marijuana products.
Possession or Consumption in Public Places
The updated law strictly prohibits consuming or possessing marijuana or marijuana products in public areas and on public school grounds at any time.
Penalties
In a public place, consuming or possessing marijuana or related products may result in a civil penalty of $25 for the first offense. A second offense carries a $25 civil penalty, and the offender may be required to enter a substance abuse treatment or education program at the court's discretion. A third or subsequent offense is considered a Class 4 misdemeanor.
Consuming or possessing marijuana on school grounds is a Class 2 misdemeanor.
Protect Yourself
Virginia's updated marijuana laws have brought significant changes, allowing adults over 21 to possess a limited amount of marijuana for personal use and cultivate a restricted number of plants at home. However, it is crucial to understand the possession limits and restrictions. By staying informed about these regulations, you can exercise your rights responsibly and avoid potential legal consequences. If you do face any issues, it is important to seek legal advice as soon as possible to ensure the best outcome for your personal situation.