Effective July 1, 2020, simple possession of marijuana up to one ounce is no longer a criminal offense in Virginia. Simple possession of Marijuana is now a civil offense which is subject to a civil penalty of no more than $25. Additionally, a civil offense possession of marijuana will not be reported on your criminal history (as defined in Virginia Code Section 9.1-101). However, if you are found in possession of marijuana while operating a motor vehicle, the violation will be reported to the Department of Motor Vehicles. Keep in mind possession or the odor of marijuana is still probable cause for an officer to search your vehicle. It is important to remember that while simple possession of marijuana is no longer a criminal offense, distribution of marijuana and possession of THC oil or “wax” remain criminal offenses. If you have any questions or find yourself facing a civil or criminal offense, any of our Whitestone Young attorneys can assist you.
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