Marijuana laws have changed quite a bit over the last few years in many states, including Virginia. In 2021, it became legal in Virgnia for adults over the age of 21 to possess up to one ounce of marijuana in any public place or in their private residence.
Additionally, adults over the age of 21 may grow up to four marijuana plants in their household. However, although marijuana may be used in any public place, the owner of a private residence may still prohibit the use of marijuana at the residence.
When possession becomes illegal
It is still illegal to possess more than a small amount. If you are found to possess more than four ounces but less than on pound of marijuana in public you could be charged with misdemeanor drug possession.
The charge becomes a felony if you are found to possess more than one pound of marijuana in a public place. A felony marijuana possession charge comes with a potential fine of up to $250,000 and prison sentence of up to 10 years.
It remains illegal to sell marijuana or possess marijuana with the intent to sell it. Marijuana may also not be used while in a motor vehicle, whether you are the driver or the passenger. Finally, although you may possess up to one ounce of marijuana in a public place, you cannot use it or offer it to any other person in a public place.
What about federal marijuana laws?
Additionally, marijuana possession is still illegal under federal law, where it is classified as a schedule I drug, along with cocaine and heroin. Possessing, using or selling marijuana is illegal and comes with serious legal penalties.
These conflicts between state and federal laws means that you could still be charged under federal law for marijuana possession even if the possession is legal under Virgnia law. A conviction under either federal or state law comes with major consequences, so it is important to build a strong defense.
