The Commonwealth of Virginia, sadly like many states, has made possession of marijuana a criminal offense. Virginia however is quite different than all other states. Technically, in Virginia, medical marijuana is legal, and has been since 1979. However, possession of marijuana in Virginia is only legal if you have a prescription which can be issued only in cases of cancer or glaucoma. Otherwise it is classified as either a felony or a misdemeanor. This makes it tricky because this state still hasn’t implemented any kind of Medical Marijuana Program and it is much more specific in terms of what it can be used to treat. So while its legal in specific cases they have no programs as most other states have. With the laws as they currently are a charge of possesion may carry a term of imprisonment and/or a substantial fines. Virginia does allow certain 1st time offenders the possibility of having it removed from their record after a probationary period which, once successfully completed. Virginia is also one of 16 states that, as of May 2011, has a medical marijuana defense to the possession of marijuana.While technically it is legal Norml, MPP, ASA and others still classify Virginia as a Non-Legal State and are actively working to change the laws of Virginia.
Possession of Marijuana
A person convicted for possession of marijuana in Virginia faces up to 30 days in jail and up to a $500 fine for the first offense. A second or subsequent conviction for possession of marijuana in Virginia is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.
Possession With Intent to Sell or Distribute
Anyone convicted of possession of marijuana with intent to sell or distribute in Virginia may be convicted of a Class 1 misdemeanor for less than one-half ounce, a Class 5 felony for more than one-half once but less than 5 lbs. or a felony for more than 5 lbs. The punishment for a Class 5 felony is a term of imprisonment for not less than one year and not more than 10 and a possible fine not to exceed $2.500. For possession of more than 5 lbs. the defendant may be sentenced to prison for not less than five and not more than 30 years.
If the defendant has never been convicted for a substance abuse offense in Virginia or any other state within the United States, they may be eligible to serve a term of probation and undergo a substance abuse assessment and treatment if deemed necessary. When the defendant successfully completes the program, the original charge will be dismissed, allowing them to avoid having a criminal conviction on their record.
Medical Marijuana Defense
Virginia has a medical marijuana exception to possession of marijuana. Anyone with a valid prescription for marijuana issued by a medical doctor for the treatment of cancer or glaucoma cannot be prosecuted for criminal possession of marijuana.
§ 18.2-251.1. Possession or distribution of marijuana for medical purposes permitted.
A. No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for the possession of marijuana or tetrahydrocannabinol when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice for treatment of cancer or glaucoma.
B. No medical doctor shall be prosecuted under § 18.2-248 or § 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol for medical purposes when such action occurs in the course of his professional practice for treatment of cancer or glaucoma.
C. No pharmacist shall be prosecuted under §§ 18.2-248 to 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol to any person who holds a valid prescription of a medical doctor for such substance issued in the course of such doctor's professional practice for treatment of cancer or glaucoma.
(1979, c. 435.)