Virginia Marijuana Laws

Virginia residents should be aware that their state imposes harsh marijuana laws that could result in hefty fines or even incarceration.  In order to avoid these hassles, it is recommended that you educate yourself on local paraphernalia laws.

Virginia Marijuana Attorneys

The following Virginia lawyers are actively involved in the practice of cannabis law:

Virginia_novaattorneys
Virginia_vincenzeslaw

LAW BREAKDOWN

Virginia prohibits whole plant marijuana for all uses, although a non-intoxicating form of the drug is allowed for limited medical purposes. All other possession, sale, manufacture, and trafficking is treated as a crime. Felony weight limits are among the lowest in the nation, and penalties for serious offenses are especially harsh, with life imprisonment possible.

Possession

It is legal in Virginia to possess non-intoxicating CBD preparations for restricted medical use. Possession of less than half an ounce of cannabis for any other purpose is a misdemeanor. The maximum penalty on a first conviction is 30 days in jail and $500 in fines, while the maximum on a subsequent offense is one year in jail and $2,500.

Possession of larger amounts is automatically treated as possession with intent to distribute, a felony trafficking offense.

Sale, Manufacture, and Trafficking

Any sale of marijuana is a felony. If the weight is between half an ounce and 5 pounds, there is a mandatory minimum sentence of one year in jail, a maximum of 10 years in prison, and a top fine of $2,500.

If the amount is between 5 pounds and 100 kilograms, the penalty increases to at least five years in prison, as many as 30, and up to $1,000. If the weight is greater than 100 kilograms, a penalty of 20 years to life in prison applies, in addition to a maximum fine of $100,000.

Selling cannabis to a minor who is at least three years younger than the seller carries a minimum penalty of two years in prison, a maximum of 50 years, and up to $100,000 in fines. The penalty for sale within 1,000 feet of a school or school bus stop is at least one year in jail, as many as five years in prison, and a top fine of $100,000.

Manufacturing cannabis is also a felony and is subject to a minimum of five years in prison, a maximum of 30 years, and a fine of up to $10,000. Transporting more than 5 pounds into the state is likewise a felony and is punishable by between five and 40 years in prison and $1 million in fines.

Hash and Concentrates

Virginia applies especially harsh penalties to hashish, hash oil, and other cannabis concentrates. Any concentrate offense is treated as a felony.

Possession is punishable by between one year in jail and 10 years in prison, plus fines of up to $2,500. Making, selling, gifting, distributing, or possessing marijuana with intent to distribute it carries a penalty of five to 40 years in prison and $500,000 in fines.

Transporting more than 1 ounce of hash oil into Virginia also carries a prison term of five to 40 years, but the maximum fine is $1 million. Penalties increase with subsequent offenses.

Paraphernalia

Virginia bans marijuana paraphernalia unless it is intended, marketed, and used only for legal purposes. Paraphernalia in the state includes any items used in the cultivation, harvesting, processing, testing, analysis, storage, inhaling, ingesting, or otherwise introducing marijuana to the body.

Sale and distribution. While simple possession is not criminalized, sale or possession with intent to sell is a misdemeanor with a top penalty of one year in jail and $2,500 in fines.

Sale to a minor. Sale of paraphernalia to a minor at least three years younger than the seller is a class 6 felony and carries a maximum of one year in jail and $2,500.

Miscellaneous

It is a felony to give any amount of marijuana to an inmate in a Virginia correctional facility. A mandatory minimum sentence of two years in prison applies, as does a maximum of 10 years and a top fine of $100,000. It is also a felony to maintain a fortified drug house, with a penalty of between one year in jail and 10 years in prison.

Marijuana convictions will result in suspension of driving privileges for six months.

MEDICAL MARIJUANA

Virginia passed CBD legislation which prevents patients from being prosecuted for the medicinal use of CBD oil for seizure-related conditions.

Qualifying conditions – Intractable epilepsy

Patient possession limits – Cannabis extracts containing no less than 15 percent CBD and no more than five percent THC are allowed, or a dilution of resin from a cannabis plant containing at least 50 mg of CBD per ml and no more than five percent THC or THC-A.

The possession of such products is not legal under state law, but is eligible for an affirmative defense from criminal prosecution. Read the full law here

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity –No

Contact information – N/A

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1/2 oz (first offense) Misdemeanor 30 days $ 500
Less than 1/2 oz (subsequent offense) Misdemeanor 1 year $ 2,500

Sale/Manufacture/Trafficking

1/2 oz – 5 lbs Felony 1* – 10 years $ 2,500
5 lbs – 100 kg Felony 5* – 30 years $ 1,000
More than 100 kg Felony 20 years* – life $ 100,000
To a minor who is at least 3 years younger Felony 2* – 50 years $ 100,000
Within 1000 ft of a school or school bus stop Felony 1* – 5 years $ 100,000
Manufacture of marijuana Felony 5* – 30 years $ 10,000
Transporting more than 5 lbs into the state Felony 5* – 40 years $ 1,000,000
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Possessing hashish oil Felony 1 – 10 years $ 2,500
Manufacturing, selling, giving, distributing, or possessing with intent Felony 5 – 40 years $ 500,000
Bringing more than 1 oz of hashish oil into the state Felony 5 – 40 years $ 1,000,000
Subsequent offenses carry greater penalties

Paraphernalia

Sale or possession with intent to sell paraphernalia Misdemeanor 1 year $ 2,500
To a minor who is at least 3 years younger Felony 1 year $ 2,500

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous

Maintaining a fortified drug house Felony 1* – 10 years N/A
A convicted person shall be deprived of driving privileges for 6 months.
* Mandatory minimum sentence