Virginia: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017
Virginia Medical Marijuana Law
February of 2015 marked the signing of HB 1445 extending some legal protections to patients using CBD or THCA extracts. This law protects patients using those specific medicines from prosecution but not arrest. HB 1445 failed to develop any kind of cultivation, production or distribution system thereby forcing Virginians to travel to another state that extends medical access to non-residents. However, in 2016, the legislature pass SB 701, which authorized the Board of Pharmacy to develop regulations for the licensing of cultivation and distribution organizations. SB 701 requires re-authorization by the General Assembly again in 2017.
Eligible conditions
A patient must be diagnosed with intractable epilepsy.
Penalty Details
Possession
Possession of marijuana is a Class I misdemeanor punishable by no more than 30 days in jail and/or a find of up to $500 for a first offense. A second or subsequent offense is punishable with up to 12 months in jail and/or a up to $2,500 fine. Possession of less than a one half ounce of marijuana is simple possession (possession for personal use).
See
Conditional Release
First time offenders may be placed on probation instead of receiving jail time, if the offender agrees to undergo and pay for a series of drug tests during probation and a drug treatment program. Probation terms may also require up to 24 community service hours for a misdemeanor conviction and up to 100 hours for a felony conviction. The conviction still shows up on the offender's record as a conviction and applicable driver's license revocation proceedings are not waived. Violations of the terms of probation can lead to the full penalty as otherwise applicable.
See
Sale/Delivery
In VA, having a large quantity of marijuana is not proof of intent to distribute alone. Distributing more than a half-ounce of marijuana, but less than 5 pounds, is a Class 5 felony, punishable by at least one year but not more than 10 years in jail. For a first offense, the judge may use his discretion to sentence the offender to a term in jail for not more than 12 months and a fine of not more than $2,500.
See
Distributing more than 5 pounds, but less than 100kg., of marijuana is a felony punishable by no less than 5 and no more than 30, years in prison.
See
Distributing more than 100kg of marijuana is punishable with an automatic 20 years to life sentence, with 20 years being the mandatory minimum sentence. This mandatory minimum may be reduced by the judge if:
A third sale or intent to distribute conviction brings a mandatory minimum sentence of 5 years.
See
Distributing more than 1 ounce of marijuana to any person under 18 years of age who is at least 3 years younger than the offender, or using such a minor to distribute more than 1 ounce of marijuana, is a felony and will be punished with a mandatory minimum jail sentence of 5 years, a maximum sentence of 50 years, and a fine of no more than $100,000.
See
Distributing 1 ounce of marijuana or less to any person under 18 years of age who is at least 3 years younger than the offender, or using such a minor to distribute less than 1 ounce of marijuana, is a felony and will be punished with a mandatory minimum jail sentence of 2 years, a maximum sentence of 50 years, and a fine of no more than $100,000.
See
Distributing more than a half-ounce of marijuana within 1,000 ft. of a school or school bus stop is a felony, punishable with a mandatory minimum sentence of 1 year and a maximum sentence of 5 years, plus a fine not to exceed $100,000. However, if such person proves that he sold such controlled substance or marijuana only as an accommodation to another individual and not with intent to profit thereby, he shall be guilty of a Class 1 misdemeanor, punishable by confinement in jail for not longer than 12 months and a fine not to exceed $2,500.
See
Manufacture
Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by mandatory imprisonment of not less than five, nor more than 30, years and a fine not to exceed $10,000.
See
Trafficking
Transporting 5lbs or more of marijuana into Virginia with the intent to distribute it is a felony, punishable with a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and a fine not to exceed $1,000,000. A second or subsequent conviction for the same crime raises the mandatory minimum sentence to 10 years.
See
Hash & Concentrates
In Virginia, hashish and concentrates fall under the definition of marijuana as long as they contain less than 12 percent of THC by weight, meaning that the restrictions and penalties associated with marijuana also apply to hashish and concentrates. Hashish oil, falls outside the definition of marijuana and is Schedule I substance. Possessing hashish oil is a Class 5 felony punishable by a term of imprisonment no less than 1 year and no greater than 10 years. For a first offense, the judge or jury may reduce the sentence to a term of imprisonment no greater than 1 year and/or a fine of $2,500.
See
Manufacturing, distributing, or possessing with intent to manufacture, sell, or give hashish oil is punishable by no less than 5 years and no greater than 40 years imprisonment and a fine no greater than $500,000. A second conviction carries a term of imprisonment no less than 5 years, the mandatory minimum, and up to the remainder of the offender's life. A third conviction carries a mandatory minimum term of imprisonment for no less than five years and up to the remainder of the offender's life.
See
More than 1 ounce of hashish oil into Virginia is a felony, punishable by a no less than 5 years imprisonment and no greater than 40 years, with a minimum term of 3 years and a fine no greater than $1,000,000. A second conviction increases the minimum term of imprisonment to 10 years.
See
Distributing hashish oil to a person under 18 years of age, or using a person under the age of 18 in the distribution of hashish oil is a crime if the minor is 3 years the offenders junior. The crime is punishable by a fine of $100,000 and a term of imprisonment no less than 10 years and no greater than 50 years, with a minimum term of imprisonment of 5 years.
See
Manufacturing, distributing, or possessing hashish oil with intent to sell, give, or distribute hashish oil near certain designated areas is a felony punishable by a term of imprisonment no less than 1 year and no greater than 5 years and/or a fine no greater than $100,000. A second conviction is punishable by a mandatory minimum term of imprisonment no less than 1 year and no greater than 5 years and/or a fine no greater than $100,000.
The designated areas include:
See
Paraphernalia
Any person who sells or possesses with intent to sell drug paraphernalia, knowing that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, inhale, or otherwise introduce into the human body marijuana is guilty of a Class 1 misdemeanor, punishable by no more than 12 months in jail and a fine of no more than $2,500.
See
Any person eighteen years of age or older who sells drug paraphernalia to a minor who is at least three years junior to the accused is guilty of an additional Class 6 felony, which is punishable by not more than 12 months in jail and a fine of not more than $2,500.
See
Advertising for the sale of drug paraphernalia is a Class I misdemeanor with a punishment of confinement for not more than 12 months in jail and a fine of not more than $2,500.
See
Knowingly distributing any printed material the distributor knows contains advertisements for drug paraphernalia is a Class 1 misdemeanor, punishable by confinement in jail for not more than 12 months and a fine of not more than $2,500.
See
Miscellaneous
Fortified drug house
Maintaining a fortified drug house is a Class 5 felony, punishable with a mandatory minimum sentence of 1 year, and a maximum sentence of 10 years.
See
Driver's license suspension
In addition to any other sanction or penalty imposed for a violation of this article, the (i) judgment of conviction under this article or (ii) placement on probation following deferral of further proceedings is enough to deprive the person convicted or placed on probation of their privilege to drive or operate a motor vehicle for six months.
See
Virginia Medical Marijuana Law
February of 2015 marked the signing of HB 1445 extending some legal protections to patients using CBD or THCA extracts. This law protects patients using those specific medicines from prosecution but not arrest. HB 1445 failed to develop any kind of cultivation, production or distribution system thereby forcing Virginians to travel to another state that extends medical access to non-residents. However, in 2016, the legislature pass SB 701, which authorized the Board of Pharmacy to develop regulations for the licensing of cultivation and distribution organizations. SB 701 requires re-authorization by the General Assembly again in 2017.
Eligible conditions
A patient must be diagnosed with intractable epilepsy.
Penalty Details
Possession
Possession of marijuana is a Class I misdemeanor punishable by no more than 30 days in jail and/or a find of up to $500 for a first offense. A second or subsequent offense is punishable with up to 12 months in jail and/or a up to $2,500 fine. Possession of less than a one half ounce of marijuana is simple possession (possession for personal use).
See
- Va. Code Ann. §§ 182.248-250
Conditional Release
First time offenders may be placed on probation instead of receiving jail time, if the offender agrees to undergo and pay for a series of drug tests during probation and a drug treatment program. Probation terms may also require up to 24 community service hours for a misdemeanor conviction and up to 100 hours for a felony conviction. The conviction still shows up on the offender's record as a conviction and applicable driver's license revocation proceedings are not waived. Violations of the terms of probation can lead to the full penalty as otherwise applicable.
See
- Va. Code Ann. §18.2- 251 (2015)
Sale/Delivery
In VA, having a large quantity of marijuana is not proof of intent to distribute alone. Distributing more than a half-ounce of marijuana, but less than 5 pounds, is a Class 5 felony, punishable by at least one year but not more than 10 years in jail. For a first offense, the judge may use his discretion to sentence the offender to a term in jail for not more than 12 months and a fine of not more than $2,500.
See
- Va. Code. Ann. § 18.2-248.1 (2015)
Distributing more than 5 pounds, but less than 100kg., of marijuana is a felony punishable by no less than 5 and no more than 30, years in prison.
See
- Va. Code. Ann. § 18.2-248.1 (2015)
Distributing more than 100kg of marijuana is punishable with an automatic 20 years to life sentence, with 20 years being the mandatory minimum sentence. This mandatory minimum may be reduced by the judge if:
- the person does not have a prior conviction for an drug-related offense;
- the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in committing the offense and did not convince another participant in the offense to do so;
- the offense did not result in death or serious bodily injury to any person;
- the person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise; and
- the offender cooperates with police and judicial officials by providing to the State all information and evidence the person has concerning the offense, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
A third sale or intent to distribute conviction brings a mandatory minimum sentence of 5 years.
See
- Va. Code Ann. §18.2-248 (H) (2015)
Distributing more than 1 ounce of marijuana to any person under 18 years of age who is at least 3 years younger than the offender, or using such a minor to distribute more than 1 ounce of marijuana, is a felony and will be punished with a mandatory minimum jail sentence of 5 years, a maximum sentence of 50 years, and a fine of no more than $100,000.
See
- Va. Code Ann. § 18.2-255 (2015)
Distributing 1 ounce of marijuana or less to any person under 18 years of age who is at least 3 years younger than the offender, or using such a minor to distribute less than 1 ounce of marijuana, is a felony and will be punished with a mandatory minimum jail sentence of 2 years, a maximum sentence of 50 years, and a fine of no more than $100,000.
See
- Va. Code Ann. § 18.2-255 (2015)
Distributing more than a half-ounce of marijuana within 1,000 ft. of a school or school bus stop is a felony, punishable with a mandatory minimum sentence of 1 year and a maximum sentence of 5 years, plus a fine not to exceed $100,000. However, if such person proves that he sold such controlled substance or marijuana only as an accommodation to another individual and not with intent to profit thereby, he shall be guilty of a Class 1 misdemeanor, punishable by confinement in jail for not longer than 12 months and a fine not to exceed $2,500.
See
- Va. Code Ann. § 18.2-255.2 (2015)
- Va. Code Ann. § 63.2-100 (2015)
Manufacture
Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by mandatory imprisonment of not less than five, nor more than 30, years and a fine not to exceed $10,000.
See
- Va. Code Ann. § 18,2-248.1 (2015)
Trafficking
Transporting 5lbs or more of marijuana into Virginia with the intent to distribute it is a felony, punishable with a mandatory minimum sentence of 5 years, a maximum sentence of 40 years, and a fine not to exceed $1,000,000. A second or subsequent conviction for the same crime raises the mandatory minimum sentence to 10 years.
See
- Va. Code Ann. § 18.2-248.01 (2015)
Hash & Concentrates
In Virginia, hashish and concentrates fall under the definition of marijuana as long as they contain less than 12 percent of THC by weight, meaning that the restrictions and penalties associated with marijuana also apply to hashish and concentrates. Hashish oil, falls outside the definition of marijuana and is Schedule I substance. Possessing hashish oil is a Class 5 felony punishable by a term of imprisonment no less than 1 year and no greater than 10 years. For a first offense, the judge or jury may reduce the sentence to a term of imprisonment no greater than 1 year and/or a fine of $2,500.
See
- Va. Code Ann. § 18.2-247(D)
Manufacturing, distributing, or possessing with intent to manufacture, sell, or give hashish oil is punishable by no less than 5 years and no greater than 40 years imprisonment and a fine no greater than $500,000. A second conviction carries a term of imprisonment no less than 5 years, the mandatory minimum, and up to the remainder of the offender's life. A third conviction carries a mandatory minimum term of imprisonment for no less than five years and up to the remainder of the offender's life.
See
- Va. Code Ann. §18.2-248 (C) (2015)
More than 1 ounce of hashish oil into Virginia is a felony, punishable by a no less than 5 years imprisonment and no greater than 40 years, with a minimum term of 3 years and a fine no greater than $1,000,000. A second conviction increases the minimum term of imprisonment to 10 years.
See
- Va. Code Ann. §18.2-248.01 (2015)
Distributing hashish oil to a person under 18 years of age, or using a person under the age of 18 in the distribution of hashish oil is a crime if the minor is 3 years the offenders junior. The crime is punishable by a fine of $100,000 and a term of imprisonment no less than 10 years and no greater than 50 years, with a minimum term of imprisonment of 5 years.
See
- Va. Code Ann. §18.2-255(a) (2015)
Manufacturing, distributing, or possessing hashish oil with intent to sell, give, or distribute hashish oil near certain designated areas is a felony punishable by a term of imprisonment no less than 1 year and no greater than 5 years and/or a fine no greater than $100,000. A second conviction is punishable by a mandatory minimum term of imprisonment no less than 1 year and no greater than 5 years and/or a fine no greater than $100,000.
The designated areas include:
- all areas open to the public within 1,000 feet of any school or marked child day care facility or school buses; all areas open to the public within 1,000 feet of a school bus stop during hours where the bus stop is in use; public community or recreation centers; public libraries; all areas open to the public within 1,000 feet of a hospital or, out-patient center; or any other state operated medical facility.
See
- Va Code Ann. §18.2-255.2 (2015)
- Va Code Ann §37.2-100 (2015)
Paraphernalia
Any person who sells or possesses with intent to sell drug paraphernalia, knowing that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, inhale, or otherwise introduce into the human body marijuana is guilty of a Class 1 misdemeanor, punishable by no more than 12 months in jail and a fine of no more than $2,500.
See
- Va. Code Ann. §§ 18.2-11- 18.2-265.3 (2015)
Any person eighteen years of age or older who sells drug paraphernalia to a minor who is at least three years junior to the accused is guilty of an additional Class 6 felony, which is punishable by not more than 12 months in jail and a fine of not more than $2,500.
See
- Va. Code. Ann § 18.2-265.3 (2015)
Advertising for the sale of drug paraphernalia is a Class I misdemeanor with a punishment of confinement for not more than 12 months in jail and a fine of not more than $2,500.
See
- Va. Code Ann. §18.2-265.5 (2015)
Knowingly distributing any printed material the distributor knows contains advertisements for drug paraphernalia is a Class 1 misdemeanor, punishable by confinement in jail for not more than 12 months and a fine of not more than $2,500.
See
- Va. Code Ann. §18.2-265.5 (2015)
Miscellaneous
Fortified drug house
Maintaining a fortified drug house is a Class 5 felony, punishable with a mandatory minimum sentence of 1 year, and a maximum sentence of 10 years.
See
- Va. Code Ann. §18.2-258.02 (2015)
Driver's license suspension
In addition to any other sanction or penalty imposed for a violation of this article, the (i) judgment of conviction under this article or (ii) placement on probation following deferral of further proceedings is enough to deprive the person convicted or placed on probation of their privilege to drive or operate a motor vehicle for six months.
See
- Va. Code Ann. 18.2-259.1(A) (2015)