Virginia Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Up to 1 oz Civil Violation None $25

Sale/Manufacture/Trafficking

1/2 oz - 5 lbsFelony1* - 10 years$ 2,500
5 lbs - 100 kgFelony5* - 30 years$ 1,000
More than 100 kgFelony20 years* - life$ 100,000
To a minor who is at least 3 years youngerFelony2* - 50 years$ 100,000
Within 1000 ft of a school or school bus stopFelony1* - 5 years$ 100,000
Manufacture of marijuanaFelony5* - 30 years$ 10,000
Transporting more than 5 lbs into the stateFelony5* - 40 years$ 1,000,000
Includes possession with intent to distribute
* Mandatory minimum sentence

Hash & Concentrates

Same as marijuana.

Paraphernalia

Sale or possession with intent to sell paraphernaliaMisdemeanor1 year$ 2,500
To a minor who is at least 3 years youngerFelony1 year$ 2,500

Civil Asset Forfeiture

Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.

Miscellaneous

Maintaining a fortified drug houseFelony1* - 10 yearsN/A
* Mandatory minimum sentence

Penalty Details

Possession

Democratic Governor Ralph Northam has approved legislation (Senate Bill 2 | House Bill 972) decriminalizing marijuana possession offenses. The law reduces penalties for offenses involving the possession of up to one ounce of marijuana to a civil violation – punishable by a maximum $25 fine, no arrest, and no criminal record. The new law took effect July 1, 2020.

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.

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.

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:

  1. the person does not have a prior conviction for an drug-related offense;
  2. 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;
  3. the offense did not result in death or serious bodily injury to any person;
  4. 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
  5. 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.

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.

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.

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.

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.

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.

Hash & Concentrates

In Virginia, hashish and concentrates fall under the definition of marijuana, meaning that the restrictions and penalties associated with marijuana also apply to hashish and concentrates.

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.

  • Va. Code Ann. §§ 18.2-11- 18.2-265.3 (2015) Web Search

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.

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.

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.

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.

Driver’s license suspension

Enactment of SB 1091 and HB 2051 in 2017 amends state law so that minor marijuana offenses are no longer punishable by a mandatory driver’s license suspension. Juvenile offenders still face an automatic license suspension for any drug related conviction.

More Information

 

Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.