The state of marijuana law in Virginia is still changing

On Behalf of | Sep 9, 2022 | Criminal Defense |

The changing legal landscape around marijuana has led to a lot of confusion. Last year, Virginia made big steps toward decriminalizing cannabis, but stopped short of full legalization.

In this blog post, we will briefly discuss the state of cannabis law in Virginia and what it can mean for drug crime charges.


For most Virginians, the biggest effects of the change in the law apply to possession.

It is now legal for people age 21 and over to have up to 1 ounce of cannabis on their person or in a public place. However, possession of 1 ounce or more is still illegal. Adults 21 and over may use cannabis in private residences. They may share up to 1 ounce with other adults, but can’t sell it or accept any remuneration for it. Adults over 21 may grow up to four plants.

Medical marijuana

Back in 2017, Virginia law recognized that cannabis can be useful in treating symptoms of some health conditions. With that in mind, the Medical Marijuana Advisory Board was established to regulate medical marijuana in the commonwealth. Patients are allowed to use cannabis to treat only a specific list of illnesses and conditions.

Recently, the board heard a proposal to place a limit on the amount of THC that can be available in medical marijuana. THC is the active ingredient in cannabis that gives people a high. The proposal would cap the amount of THC at 10%.

Proponents of the change say there is no scientific evidence that amounts higher than 10% provide medical benefits. Opponents say the proposal would limit the ability of patients to find treatments that work for them.

Criminal defense

It’s easy to see how you could end up on the wrong side of these laws. If your bag contains more than you thought it did, you might find yourself facing serious drug possession charges. If you give some cannabis to a friend and the fan gives you something in exchange, you might find yourself facing drug trafficking charges. If your medical marijuana is a little more powerful than you realized, you could be facing drug charges.

A lot has changed in recent years when it comes to cannabis law, but some things haven’t changed. If you are facing drug charges, you deserve a defense. An experienced criminal defense attorney can give you advice on how to protect your rights and your future.