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Virginia Marijuana Laws

Marijuana laws are changing rapidly, with many states now allowing for the use of the herb for medical uses. Virginia marijuana laws do not recognize medical marijuana, while simple possession of less than two ounces of cannabis can result in up to 30 days in jail and/or a $500 fine. Meanwhile, the penalty for the sale of five pounds (or more) is five to 30 years in state prison.

Learn more about Virginia's marijuana laws in the following chart and the information that follows. See FindLaw's Drug Charges section for related content.

Code Section 54.1-3445, 18.2-247
Possession Misdemeanor, jail up to 30 days and/or $500; Subsequent offense: Class 1 misdemeanor
Sale Up to .5 oz.: Class 1 misdemeanor; .5 oz.-5 lbs.: Class 5 felony; Over 5 lbs.: 5-30 yrs.; Proof that person gave drug only as an accommodation not for remuneration or to induce him to become addicted shall be guilty of Class 1 misdemeanor; Sale to minor or within 1000 ft. of school: stricter penalties
Trafficking -

Federal Marijuana Laws

Even though some states have legalized recreational and medical use of marijuana, it is still illegal under federal laws. Federal laws prohibit possession of any amount of marijuana. A first conviction is punishable by up to one year in jail and a $1,000 fine. A second possession offense carries a minimum 15 day incarceration, with a maximum of two years in jail and a maximum $2,500 fine. A third and subsequent offense has a minimum jail time of 90 days with a maximum of three years and $5,000 fine.

Sale and cultivation of marijuana carry even higher fines and punishment under federal law. First offenses can put someone in jail for five years, and large amounts can put someone in jail for life, with a one million dollar fine.

Virginia Marijuana Possession Laws

Possession of any amount of marijuana in Virginia is a misdemeanor. Jail time for a first possession offense can be up to 30 days, and comes with a maximum $500 fine. Any subsequent offenses are Class 1 misdemeanors.

Selling Marijuana in Virginia

Selling marijuana in Virginia is considered a worse crime because it enables others to break the law as well. Sale of up to half an ounce marijuana in Virginia is an automatic Class 1 misdemeanor. Sale of up to 5lbs of marijuana is Class5 felony. Anything sale over 5lbs comes with a 5-30 year jail sentence. Selling within 1000 yards of a school to a minor comes with much harsher penalties

However, giving someone marijuana is not as serious of an offense as selling marijuana. In Virginia, if the defendant can prove that they gave the alleged purchaser the marijuana for free, the defendant is only guilty of a Class 1 misdemeanor. The marijuana must be given as an accommodation only, and not for any remuneration or to induce the recipient to become addicted.

If you would like to know more about Virginia marijuana laws, and how they intersect with federal laws, there are many drug crime attorneys throughout the state who may be able to help.

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