| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| Possession at one's residence for personal use | No Penalty | None | $ 0 |
| 2 oz or less in public | No Penalty | None | $ 0 |
| More than 2 oz - 4 oz in public | Civil Violation | None | $ 25 |
| More than 4 oz - 1 lb in public, first offense | Misdemeanor | None | $ 500 |
| More than 4 oz - 1 lb in public, second and subsequent offenses | Misdemeanor | Up to 6 months | $ 1000 |
| More than 1 lb in public | Felony | 1 - 10 years | $ 250,000 |
Cultivation |
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| Up to 4 plants | No Penalty | None | $ 0 |
| Failure to attach legible tag | Civil | None | $ 25 |
| Failure to prevent unauthorized access by persons younger than 21 | Civil | None | $ 25 |
| Plants visible from a public way | Civil | None | $ 25 |
| More than 4 - up tp 10 plants, first offense | Civil | None | $ 250 |
| More than 4 - up to 10 plants, second offense | Misdemeanor | None | $ 500 |
| More than 4 - up to 10 plants, third and subsequent offenses | Misdemeanor | Up to 6 months | $ 1,000 |
| More than 10 - up to 49 plants | Misdemeanor | 12 months | $ 2,500 |
| More than 49 - up to 100 plants | Felony | 1 - 5 years* | $ 2,500 |
| More than 100 plants | Felony | 1 - 10 years | $ 250,000 |
| * In the discretion of the jury (or the court in the case of a trial without a jury) confinement for not more than 12 months and a fine of not more than $2,500 | |||
Sale/Manufacture/Trafficking |
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| 1 oz - 5 lbs | Class 5 Felony | 1 - 10 years | $ 2,500 |
| 5 lbs - 100 kg | Felony | 5 - 30 years | $ 1,000 |
| More than 100 kg | Felony | 20 years - life | $ 1,000,000 |
| 1 oz or less to a minor who is at least 3 years younger | Felony | 2 - 50 years | $ 100,000 |
| Over 1 oz to a minor who is at least 3 years younger | Felony | 5 - 50 years | $ 100,000 |
| Within 1000 ft of a school or school bus stop | Felony | 1 - 5 years | $ 100,000 |
Penalty Details
Possession
Adults age 21 and older can legally possess up to two ounces of marijuana in a public place. Personal possession inside a private residence is not restricted by weight.
Consuming marijuana or marijuana products in a public place carries a civil penalty of $25. The penalty is scheduled to increase to $250 effective July 1, 2027. A second offense will be subject to a $250 civil penalty and substance abuse treatment or education program or both, and a third or subsequent offense will be a Class 4 misdemeanor, punishable by a fine of up to $250.
No civil or criminal penalty may be imposed for sharing marijuana between adults in public, provided the amount shared does not exceed two ounces. “Adult sharing” does not include instances in which marijuana is given away contemporaneously with another reciprocal transaction between the same parties; a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
Possession of any amount of marijuana by an individual under the age of 21 is a civil violation carrying a maximum $25 fine and a mandatory requirement to enter a substance abuse education or treatment program.
Cultivation
Adults age 21 and over may cultivate up to four plants per household at their primary place of residence. No marijuana plant may be visible from a public way without the use of aircraft, binoculars, or other optical aids. Precautions must be taken to prevent unauthorized access by persons younger than 21 years of age. To each plant must be attached a legible tag that includes the person’s name, driver’s license or identification number, and a notation that the marijuana plant is being grown for personal use.
Sale/Delivery
Unauthorized sale, distribution, or possession of marijuana with intent to distribute is illegal in any amount. Possessing one ounce or less with intent to distribute is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. For amounts over an ounce up to five pounds, possession with intent to distribute rises to a Class 5 felony, bringing 1 to 10 years in prison, though first-time offenders may face lesser, misdemeanor-level penalties.
Distributing or possessing with intent to distribute more than five pounds up to 100 kilograms is a felony punishable by 5 to 30 years in prison. Over 100 kilograms, the penalty escalates to a felony carrying 20 years to life in prison and a fine of up to $1,000,000. Separately, transporting five pounds or more of marijuana into the Commonwealth with the intent to sell or distribute constitutes a distinct felony violation, carrying a prison term of 5 to 40 years and a 3-year mandatory minimum sentence. Manufacturing marijuana for commercial, non-personal use, or possessing it with intent to manufacture, is a felony punishable by 5 to 30 years in prison and a fine of up to $10,000.
Harsher penalties apply if an adult over 18 distributes to a minor at least three years younger. Distributing one ounce or less is a felony with a 2-year mandatory minimum. Over one ounce is a felony with a 5-year mandatory minimum.
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
Selling or possessing paraphernalia with the intent to sell, while knowing (or reasonably expecting) they will be used for illegal drug consumption or production, constitutes a Class 1 misdemeanor.
An adult 18 or older who sells paraphernalia to a minor at least three years younger than them is guilty of a Class 6 felony.
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.
An adult 18 or older who distributes paraphernalia to a minor without a commercial transaction is guilty of a Class 1 misdemeanor.
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.
More Information
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.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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 Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.