Is marijuana legal in Virginia? Yes and no. Read our latest blog post to learn everything you need to know about the new Virginia marijuana laws. In this series, we hope to explain all the pertinent Cannabis plant facts at-a-glance. Start educating yourself on the Cannabis plant.
Virginia Marijuana Laws & Penalties 2021
Effective July 2021, Virginia updated their laws regarding marijuana. Marijuana legalization in Virginia has been a hot topic lately. The overhaul of the laws included everything from possession to sale to cultivation, so let’s look at each of these Virginia Marijuana categories:
POSSESSION OF MARIJUANA
For individuals 21 years of age or older, possession of less than 1 oz is legal. Possession of marijuana in Virginia is still illegal for individuals 20 years of age or younger.
If you are under 21 (not yet the legal Virginia smoking age ), and you are caught with marijuana in your possession, the judge can fine you up to $25 and/or require you to go through a court-approved drug education or treatment program.
If you are 21 or over, and you possess more than 1 oz of marijuana on your person, you could be subject to fines and/or jail time:
- 1-15 oz of marijuana: $25 fine.
- 1 lb (16 oz) or more of marijuana: 1-10 years of jail time and/or up to $250,000 in fines.
(For people wondering, is medical marijuana legal in Virginia ? The answer is yes to a limited extent. Talk to your doctor for details.)
CONSUMPTION OF MARIJUANA
For recreational purposes, Virginia marijuana laws state that the legal age to smoke marijuana is 21. Individuals 21 years of age or older are allowed to smoke marijuana in private settings.
If you are caught smoking in a public place, you are subject to penalty:
- First offense: $25 fine
- Second offense: $25 fine and/or substance abuse education or treatment program
- Third offense: Class 4 Misdemeanor (up to $250 fine)
If you are caught consuming (or possessing) marijuana or marijuana paraphernalia on public school grounds, you can be charged with a Class 2 misdemeanor—which could mean you spend up to 6 months in jail and/or pay up to $1,000 in fines.
If you are caught smoking while driving a motor vehicle or riding in a motor vehicle on a public highway in the Commonwealth of Virginia, you can be charged with a Class 4 Misdemeanor (up to $250 fine).
Virginia cannabis laws state that even if the police officer does not see you smoking, but catches you with signs that you have been smoking in the moving vehicle, you can be charged.
To be safe, you should keep the marijuana in the sealed container you bought it in until you get to your destination. If the container is open, it is a good idea to keep it in the trunk of your vehicle when possible.
CULTIVATION OF MARIJUANA
Many people want to know, is it illegal to grow marijuana in Virginia ? They also wonder how to grow marijuana in Virginia .
The law states that for personal use, each household with a member 21 years of age or older is allowed to cultivate up to 4 marijuana plants.
- Each plant must be tagged with the owner’s name, driver’s license/state ID number, and “for personal use.”
- Plants must not be obviously visible to the public.
- Plants cannot be in a place where those under 21 can reach/access them.
- Rental landlords may restrict cultivation on their property, if they choose.
- You can only grow plants in the primary place where you live; you cannot grow them at your house, your mom’s house, and your grandfather’s house, for instance.
- For possessing/cultivating 5-10 marijuana plants, expect:
- First offense: $250 fine
- Second offense: Class 3 misdemeanor (up to $500 fine)
- Third and subsequent offenses: Class 2 misdemeanor (up to 6 months in jail and/or up to $1,000 fine)
SALES/DELIVERY OF MARIJUANA
It is still illegal to sell or possess with intent to sell marijuana within the Commonwealth of Virginia. Possession with intent to distribute in VA is treated the same as actual selling.
If you are caught… You will be subject to… Selling 1 oz to 5 lbs 1-10 years in prison and/or max fine of $2,500 Selling 5 lbs – 100 kg 5-30 years in prison and/or max fine of $1,000 Selling more than 100 kg 20 years to life in prison and/or a max fine of $100,000 Selling to a minor who is at least 3 years younger than you 2-50 years in prison and/or a max fine of $100,000 Selling with in 1000 ft of a school or school bus stop 1-5 years in prison and/or a max fine of $100,000 Manufacturing with intent to sell 5-30 years in prison and/or a max fine of $100,000 Transporting more than 5 lbs into Virginia 5-40 years in prison and/or a max fine of $1,000,000
All of these penalties are considered felonies. All of them come with at least the minimum prison sentence and may or may not include the fine.
WHAT TO DO IF YOU ARE CAUGHT
You may wonder what to do when you get caught smoking weed . If you are 21 or older and smoking in a private area, you have nothing to worry about. But if you are caught violating any marijuana law, no matter how big or small, we recommend calling a local criminal attorney immediately.
Cook Attorneys is well-versed in criminal law, including marijuana law in Virginia. Fill out the form below or contact us to schedule a free consultation today!
If you wish to contact us, please fill out the form below to request more information about how we can serve you.
Breaking Down the Cannabis Plant
We wanted to start our blog with some Cannabis plant basics. In this series, we hope to explain all the pertinent Cannabis plant facts at-a-glance. There is so much information and so much science out there and we aim to guide you through it all. In today’s information age, it’s hard to know where to start with educating yourself on the Cannabis plant. With our collective decades of experience, we decided it’s best to start from the beginning; the plant itself.
Cannabis is like every other plant. Its growth cycle starts from a seed, grows and matures over time, and ultimately flowers and then repeats the cycle until it dies. The flowers are the most desirable part of the growth process and it is no different for Cannabis. Once a cannabis plant flowers, those flowers produce resin glands that contain cannabinoids and terpenes. These flowers are what is being harvested and ultimately used or processed into different medicine and other consumable items. What we call flower, pop culture calls “bud,” “weed,” “ganja,” “pot,” etc.
Parts Of the Cannabis Plant
The flowers contain the CBD and terpenes that cause you to get high and give people a number of other benefits, interacting with the endocannabinoid system. Flowers only grow on the female plants. This is what is dried out and ground before being smoked.
The cola on the cannabis plant is a cluster of buds growing closely together, almost in a bunch. Small colas can be found up and down the low branches, but the main cola almost always sits at the top of the marijuana plant.
The pistil is where the reproductive parts of the flower sit. They contain a lot of thin strands that look a bit like hair, called stigmas. They collect the pollen that is carried from male plants. The stigmas that can be found within are white when the plant is young but eventually turn yellow through the weed plant stages.
The pistil is all about the reproductive system of marijuana.
The bracts are what can be found around the female’s reproductive area. They are green, with leaves in a sort of “tear shape”. They have a number of resin glands, that actually hold the highest number of cannabinoids within the marijuana plant.
Inside the bracts, on the female cannabis plant, is the calyx. This is a see-through layer that protects the ovule. You can’t see it with the naked eye.
Trichomes are small but form an important part of marijuana anatomy. They make a crystal-like covering for the buds of the cannabis. Trichomes actually come from glands on the leaves, stems, and calyx of the female or male cannabis plant.
Trichomes protect the plant from anything in the wild that could harm them. They secrete terpenes and both CBD and THC.
The node is where a branch grows from the stem of the cannabis plant. Or where one branch stems off and creates another. Some nodes contain buds, but not all of them.
The nodes play an important role in the sexing of a cannabis plant and telling a male cannabis plant from a female cannabis plant. More on that later.
If you see clothing or accessories with a cannabis leaf on them as decoration, this will be from the fan leaves. They actually just capture light and don’t have a lot of resin within them. On a cannabis Sativa plant, the leaves tend to be further apart and more sparse.
Sugar leaves are where the resin is usually held. They’re small leaves where the buds form, and you can use them in a variety of cannabis products including pre-rolls, or to make THC and CBD extracts.
This is a term you’re probably familiar with. The stem is the same part of a cannabis plant as any other plant, and it gives structure and stability to the other parts of the marijuana plant.
The top of the stem can be cut off to encourage weed plant stages where the marijuana plant grows more branches and more buds.
How to tell male from female cannabis plants
To check the sex of a cannabis plant, you need some understanding of marijuana anatomy.
You should check in between the nodes. These are the parts of the marijuana plant where the branches spring off from a stem. On male plants, pollen sacs can be found here. On a female, stigma develops so they can catch the pollen.
You can see pre-flowers from around the fourth week of cannabis growth. In week six, it should definitely be clear what sex the plants are.
For a male marijuana plant, you’ll find small sacs growing. On females, you will find bracts on the cannabis plants. This is where the hairs that catch pollen will eventually start to grow.
How to propagate cannabis plants
There are numerous ways to propagate cannabis plants so that more will grow in the future.
Cloning is not as daunting as it sounds. You don’t have to do it in the lab. This is where you take a cutting from a cannabis Indica or cannabis Sativa plant and put it in the ideal growing conditions in soil or hydroponics.
It’s relatively simple and reliable. It also means that you know what type of cannabis plant is going to grow, and you will have taken cuttings from a healthy “mother”. Cannabis clones are going to take all you liked about the mother plant and create another generation that grows in the same way.
Clones are delicate, and you need to get good at understanding an active vegetating cannabis plant so that you can make a clone, there is definitely a skill involved in picking the cutting, making the cutting itself, and replanting it. You probably won’t get it 100% right the first time around.
Seeds don’t need you to grow from an initial plant, you can buy seeds and plant them just like you would any other plant, fruit, or vegetable. It takes a little longer for them to grow this way.
Seeds don’t always germinate, so there is a real art to growing your own marijuana using seeds.
One good thing about seeds is the fact that they haven’t been exposed to diseases or a bad growing environment. You can also buy feminized seeds if you want, which guarantee a certain percentage of female cannabis plants.
Another positive thing about seeds is that they can easily be shipped and transported, and you can buy a number of varieties of cannabis. You might even be able to germinate your own strands.
Whether you choose cannabis clones or growing from seeds, it doesn’t matter, as long as you make a point of becoming good at it. A lot of manufacturers prefer to use clones as it gives a much more consistent result, and allows you to know the properties of the plant that will grow.