September 28, 2016
Cravens & Noll PC has received a number of inquiries lately about Virginia marijuana laws. While marijuana laws in Virginia are changing swiftly, the commonwealth still does not recognize medical marijuana. Simple possession of less than two ounces of cannabis can result in up to 30 days in jail and/or a $500 fine. Presently, the penalty for the sale of five pounds (or more) is five to 30 years in state prison.
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
Federal Marijuana Laws
This is where the law gets interesting. We have some states have legalizing recreational and medical use of marijuana, but 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 Class 5 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.
SB 701 Concerns cannabidiol oil and THC-A oil; it permits pharmaceutical processors to manufacture and provide. Additionally it authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Should bill should pass and not be vetoed in 2017 session.
If you would like to know more about Virginia marijuana laws, and how they intersect with federal laws, feel free to contact Cravens & Noll for a free consultation.