On April 8th, Virginia became the first southern state to allow the use and possession of marijuana for adults. the law became law on on July 1st by Governor. Ralph Northam.
"It is an historic day for equality across the Commonwealth," said then-House Majority Leader Del. Charniele Herring, D-Alexandria following a lengthy legislative process that culminated in the 300-page bill introduced by Senator. Adam Ebbin and Senate President pro interim Louise Lucas.
"Virginia is the first State in the South to allow recreational marijuana usage and I am happy to be in a position to pass this historic law," said Herring.
However, not everyone was supportive of the decision.
"We send our children that it's acceptable to use drugs in Virginia right now," said Republican Sen. Amanda Chase of Chesterfield County. "As an adult mother of four teenagers, I do not like this message. I believe it's selfish. I believe it's reckless and it's irresponsible."
Legalization has two primary principles: to reduce crime and end criminalization. One component of justice that has been implemented is record sealing. On July 1, Marijuana violations were automatically sealed.
A report by the Virginia State Police in August 2021 states that 333,806 records had been sealed for simple possession. More than 64,651 misdemeanor distribution charges were sealed and 395,747 entries for less serious infractions, invalid or non-mandatory reported were deleted.
What is Legal Under the New Law?
- A maximum of one ounce may be owned by adults aged 21 or older.
- Smoking marijuana in private homes is legal for adults 21 years and older.
- Adults aged 21 or older can have up to four plants at home. The plants can't be seen from the street, and they cannot be accessible by anyone younger than 21 years old. You must attach a legible tag to the plants that contains your name, driver's licence or ID number and also a note that the marijuana plant was grown for personal use, as permitted by law.
- One ounce of marijuana can be shared with an adult 21 years or older provided that there is no remuneration, exchange of money or any other value.
What is Illegal Under the New Law?
- Anyone under 21 years old cannot possess, buy or consume marijuana.
- It is still illegal to sell or distribute marijuana, and/or possess marijuana with the intent of selling or distributing it.
- You can smoke marijuana in public places, such as in a car, or while a passenger in one.
- Driving while using an "open container" for marijuana. A "open container" is defined as any container containing marijuana or marijuana products that has not been sealed by the manufacturer.
- Possession of marijuana in a school setting.
- Making marijuana concentrate from home-cultivated cannabis
- Selling recreational marijuana. (In Virginia, recreational marijuana sales are expected to be legalized by 2024.
Penalties
- Possessing more than one ounce, but not more than a pound could result in an administrative penalty of between $25 and $25.
- Possessing more than a 1 pound of marijuana is considered criminal and punishable with a maximum of 10 years in prison and fines of upwards of $250,000.
- Penalties for possession of greater than 4 plants are determined according to the number of plants.
- Possession of marijuana within school premises is a crime of misdemeanor.