Скачать или смотреть Do you know the new Virginia Cannabis and Marijuana laws coming July 1, 2021?

Virginia lawmakers have been working hard to change the laws in Virginia. They have gone from enacting laws that decriminalized marijuana to now putting statues in place for the legalization of marijuana and cannabis. It is important you know what the law change means for you.

You can also check out my podcast which has an episode all about the new laws starting July 1, 2021
https://crimetimewithvirginiadefensea...

For adults 21 years of age or older you will be allowed to possess up to one ounce of marijuana in Virginia July 1, 2021 so long as you do not use or consume it or gift it to someone in a public setting.
You can gift up to an ounce of marijuana to anyone 21 years of age or older so long as the person is not intoxicated.

If possess over an ounce you are looking at a fine of $25.00 as long as the amount is under a pound. If it is over a pound you are facing a felony which carries 1-10 years.

It will be against the law to consume or use marijuana in public OR while driving a motor vehicle on a public highway in Virginia OR while riding as a passenger. You can not use or consume in public and if you do 1st time it is a $25 fine, 2nd time it is the same fine and required treatment and education and 3rd time it is a class 4 misdemeanor where you face a $500 fine.

There will be a presumption that you have consumed marijuana if:
1) there is an open container found in the passenger area of the car OR
2) if any marijuana was partially removed from a container OR
3) if your appearance, conduct, speech, or other physical characteristics (EXCEPT ODOR) is consistent with using or consuming marijuana

Police cannot lawfully stop, search, or seize ANY person, place, or thing solely on the basis of an odor of marijuana AND no evidence discovered or obtained including evidence obtained with consent is admissible in any trial, hearing, or other proceeding in Virginia courts. ONLY EXCEPTIONS TO THIS ARE IF: 1) you are at the airport or 2) if you are are in a commercial vehicle.

If you are over the age of 18 but not yet 21 then it is not legal for you to possess or use or consume marijuana.
Juveniles under the age of 18 will have their charges treated as juvenile delinquency matters.
1st offense: $25 fine and required substance abuse education and/or treatment

Any person who has never been convicted can receive a deferred finding if they stay out of trouble and complete treatment or education classes, submit to drug screening, perform 24 hours of community service, try to maintain employment, and obey probation rules as ordered by the court.

Sales of marijuana are prohibited in Virginia until the new laws go into effect in 2024 and even then you need a license.
You face up to 6 months jail on a first offense and a fine up to $1000.00 and on a 2nd or subsequent offense you face up to 12 months jail and a fine up to $2500.00

While sales are illegal you CAN gift up to 1 ounce of marijuana so long as:
1) they are 21 years of age or older,
2) the gift is not given to them in public, and
3) the person cannot be intoxicated
You face up to 12 months jail and a fine up to $2500 if you violate this.

As for cultivating marijuana plants you will not need a license so long as your household has no more than 4 plants per household.

Household includes any individuals living with you whether they are related to you or not. And you can only grow plants where you primarily live!

The plants CANNOT be visible from the street and you MUST take precautions to prevent unauthorized minors from gaining access to the plants though the law does not provide details on what counts as taking precautions.

Each plant MUST be tagged with the grower's name, driver's license or state ID number, and a note that says it is being grown for personal use only!

Penalties for violating this are:
5-10 plants: you face a $250 fine on a first violation, up to $500 fine on a 2nd offense, and up to 6 months jail and a fine up to $1000 on a 3rd or subsequent offense.
11-50 plants: you face up to 12months jail and a fine up to $2500
50-100 plants: you face a felony and risk up to 5 years in jail or up to 12 months in jail and/or a fine up to $2500
Over 100 plants: you risk a felony and 1-10 years

You CANNOT manufacture concentrate from homegrown marijuana!!!!

One final penalty to be aware of is that if you are convicted for any of these violations the court can also have you execute a bond of no more than $1000 with the condition that you not violate any of these laws for 1 year. If the court requires a bond and you do not provide it then you can be given jail time up to 6 months.

Finally, just a reminder that there is no legal way to buy recreational marijuana in Virginia until January 1, 2024 unless the legislature moves that timeline up to an earlier date! Once they do that you will need a license to be able to sell legally!