Changes In Marijuana Law In VA
August 23, 2021
Virginia is the 17th state in the US and the first Southern state to legalize marijuana use. Beginning July 1, 2021, the state’s cannabis laws were changed to define the age of users, the public or private locations of use, marijuana plant growing guidelines, and the definition of “adult sharing.”
With that said, the new law has some Virginians incensed while others are confused. The incensed claim that marijuana is a “gateway” drug, or one leading to the use of harder drugs.
The confused sector, while calling on their criminal defense attorney Fairfax VA for answers, would like to know how they can raise only four marijuana plants in their private homes out of plain view, consume them, and share or gift them with other adults, but they can’t legally buy the plants or the seeds.
The confused sector questions where to get the product, if they can’t obtain it from a medical dispensary. For the answer to that question and others, users should call their criminal lawyer Fairfax VA at Rudolphi Law.
Changes To Virginia’s Marijuana Laws
Virginians know to call a Virginia criminal defense attorney from Rudolphi Law when they collide with the law over marijuana.
The Age Change
Previously, marijuana possession and use was illegal. On July 1, 2021, that changed to users aged 21 and older. Users not 21 years of age that get caught will require the services of a criminal defense lawyer Fairfax VA to get them out of trouble. A violation for underage consumption or possession of marijuana are treated similarly to that of underage possession of alcohol.
The Amount Change
The new law states that users cannot be prosecuted for possessing or using one ounce of marijuana. Anything over that limit is now a civil violation punishable with a $25 fine. Possessing amounts that indicate illegal distribution is still felonious under Virginia law.
The Location Change
Marijuana users are still not allowed to smoke or offer to share with another adult in public. This is punishable by payment of a $25 fine. If users are caught a second time, they must get substance abuse treatment. Still illegal is the use or possession of marijuana in a private passenger vehicle, Uber, Lyft, taxi, or a bus. If users are caught in such locations, they should contact a Fairfax criminal attorney.
Adults aged 21 and older are allowed to grow four marijuana plants in their residence, but the plants must be out of public view. This is for personal use only, and residents must protect themselves against the use of these plants by those under 21 years of age. It is important to note that the four-plant limit is PER HOUSEHOLD. In other words, if you have 3 people over 21 years old residing in your home, your household is still limited to only 4 plants for personal use.
The size of the plant isn’t regulated. However, the plants must be tagged. The grower’s driving license number, name, and a note establishing personal use only must be clearly stated on the tags. No tag means a visit to a Virginia criminal defense attorney
Selling, distributing, or gifting marijuana for profit or exchange is illegal without a retailer license. The Virginia government is still working out the kinks in the licensure process. Additionally, Virginia has taken notice of the loopholes popularized by our neighbors in Washington DC and have strictly prohibited the mechanism commonly seen in pop-up shops. You may, however, share personal use marijuana with eligible persons and under permissible privacy conditions.
How A Criminal Defense Lawyer Fairfax VA Can Help
Even if the law of the land states that you’ve committed a crime, you still have rights. A criminal defense attorney Fairfax VA will study the case, study the law, and formulate a plan of action. Take advantage of his knowledge and experience today.