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Legal Weed Is Now A Thing In Virginia. Here’s What You Can And Can’t Do.

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Virginia legalized it; mere hours from now, you will legally be able to possess small amounts of marijuana within the commonwealth. But can you legally buy it? Grow it? Well, that’s complicated. Let RVA Mag break it down for you.

Beginning July 1, 2020, adults in Virginia aged 21 years old or older will be able to legally possess and cultivate small amounts of marijuana, in the privacy of their own homes, for recreational purposes. It’s a monumental move for a Southern state — particularly considering that legalization was originally slated to be delayed until 2024. 

The legalization bill is nuanced, as 283-page documents tend to be. It’s also peppered with contradictions: you can grow weed, but you can’t legally purchase the seeds or clippings needed to do so. Possessing more than one ounce (28.3 grams) of pot is illegal, but you can own up to 4 plants (which will, in theory, produce more weed than the legal limit allows). And while the law legalizes simple possession of marijuana, there’s no way to legally purchase it for recreational use.

To that end, RVAMag spoke with Jenn Michelle Pedini, the Development Director for the National Organization for the Reform of Marijuana Laws (NORML) and Executive Director of Virginia NORML, about the law’s discrepancies, nuances, and what you can and can’t do. 

Photo by Richard T on Unsplash.

Now that weed is legal, how can I legally obtain it? 

You can’t — unless you have a medical card. Until the Virginia Cannabis Control Authority licenses adult-use retailers (expected to take place in 2024), the only way to legally purchase marijuana in the Commonwealth is if you are a registered medical patient shopping at one of the state’s four licensed medical cannabis dispensaries. (You can find a practitioner and get certified for the state’s medical cannabis program here.)

Other legal options include growing marijuana yourself or receiving it as a gift from someone who grows.

Illegal options include finding weed the good ol’ fashioned way via Virginia’s black market, the fourth-largest illicit market in the nation. 

Can I smoke in public? 

No. You’ll receive a $25 fine if you’re caught using marijuana or offering it to others in public. A second offense would require you to participate in a mandatory drug treatment program, while a third offense is a Class 4 Misdemeanor. 

Possessing marijuana on school grounds or on a school bus is also still illegal. 

Can my employer still fire me for smoking weed? 

Yes. While there are some protections for card-carrying registered medical cannabis patients, recreational marijuana users are not protected from employment discrimination. That means your employer can still drug test and fire you at will if you test positive for marijuana. 

I’m under 21; what happens if I’m caught with marijuana? 

People under age 21 caught in possession of marijauana will face a $25 fine and mandatory substance abuse program or education.

I’m an adult; what happens if I’m caught with more than an ounce of marijuana?

Adults caught with more than an ounce but less than one pound of marijuana will face a $25 fine.

Adults caught with more than a pound are subject to felony charges, punishable by between one and 10 years in prison and a fine of up to $250,000. 

Will Washington D.C.’s “gifting” economy happen in Virginia?

The unregulated marijuana “gifting economy” in Washington D.C. is infamous. Selling marijuana is technically illegal in DC, but delivery services and retailers are able to distribute weed to consumers by including it as a “totally unrelated” “free gift” alongside, for example, a $75 sticker, $45 t-shirt, or a $120 keychain. 

Virginia lawmakers are well aware of this loophole and explicitly banned it in the state’s legalization bill: “Adult sharing” does not include instances in which (i) marijuana is given away contemporaneously with another reciprocal transaction between the same parties; (ii) a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or (iii) a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services,” the bill states. 

Photo by Matthew Brodeur on Unsplash.

Can you transport marijuana in a car? 

Drivers or passengers may not consume or possess an open container of cannabis while a vehicle is in operation — but it’s not totally clear what an “open container” means. That’s because Virginia’s legalization law was written under the assumption that regulated retail sales, and thus regulated containers, would already be established. That’s not the case.  

“The entire concept of a container is different for marijuana than it is for alcohol,” said Sen. Scott Surovell told VPM. “If you were buying marijuana from a retail location, it would probably come in a labeled and marked bag with somebody’s name on it, with the weight shown. It would be a little easier to figure out if the so-called container had been opened or not.”

For now, Pedini recommends anyone transporting cannabis in a vehicle to ensure that it is in “a completely sealed and locked container” in the trunk of your vehicle or in the area behind the last seats. 

“It’s pretty easy to stay within the context of the law by following these guidelines,” Pedini says.  

Will prior marijuana possession charges and convictions be sealed? 

Simple possession of marijuana records were sealed in 2020, and all records of misdemeanor possession with intent to distribute marijuana will be automatically sealed from public view in the Virginia State Police’s systems on July 1, 2021. 

Meanwhile, “after several state entities overhaul record-keeping systems” all records, including records of arrests, charges, and convictions, for simple possession of marijuana or misdemeanor possession with the intent to distribute will be automatically sealed across all state and private databases. The state says that process will happen by July 2025. 

A process is also being created to allow those convicted of more serious marijuana charges — like felony possession with intent to distribute — to seal their records as well. 

Will people in prison for marijuana charges be released? 

No, at least not immediately. Despite the fact that marijuana will be legal, people currently incarcerated on marijuana-related charges will remain behind bars.  

Lawmakers discussed implementing a provision that would allow judges to amend the sentences of already incarcerated people, but the provision failed to pass. It will be revisited in 2022.

“Now we’re going to be in a situation where you’ve got people still sitting in jail for the very thing that we’ve already legalized,”  said Sen. Louise Lucas, D-Portsmouth, who co-sponsored the legislation. “It makes no sense to me.”

Top Photo by Shelby Ireland on Unsplash.

Legalize It: Several Bills Introduced In General Assembly Would Decriminalize Cannabis

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Lawmakers are divided on timelines, and the extent to which Virginia should move toward outright legalization, but one thing seems clear: marijuana reform is on the agenda at the General Assembly.

With Democrats controlling both chambers of the General Assembly and the governor’s office for the first time in over 25 years, lawmakers have introduced numerous bills in the current session in an effort to decriminalize and legalize marijuana.  

Right now, Virginia permits the use of CBD oil for medical use, and is one of 24 states who have not decriminalized cannabis. There are 12 states in the U.S. who have fully legalized the sale and use of marijuana. 

Possession of marijuana is a Class I misdemeanor in the Commonwealth, while subsequent offenses are punishable by a maximum amount of 12 months in jail or a fine up to $2,500. Selling over half-an-ounce of marijuana is punishable by a minimum of one year in prison. 

“You see prosecutors in Virginia saying they’re no longer going to prosecute [marijuana] crimes — [charges] disproportionately target people of color and there are more serious crimes that prosecutors should be prosecuting,” said Del. Charniele Herring, D-Alexandria. 

Del. Charniele Herring. Photo via Facebook.

Some bills introduced reduce the penalties for marijuana possession, rather than legalizing the sales of it in stores and dispensaries. House Bill 265 decreases the maximum fine of marijuana possession from $500 to $25, turns the possession of marijuana from a criminal offense to a civil penalty, and gives no criminal charge for possession of less than a half-ounce of marijuana.

Advocates of such legislation believe there needs to be a more gradual process, beginning with decriminalizing before fully legalizing. 

“I think there should be a study before legalization, because there are a lot of implications,” said Herring. “We have to think about how we want to regulate marijuana, the oils that are already causing health issues, and think about how this is all going to work together.” 

Other legislation is advancing a fully legal system of cannabis sales. House Bill 87, put forward by Del. Lee Carter, D-Manassas, creates a regulated system for marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. 

“If you simply legalize it and don’t create a system of legal sale, then organized crime will often step into that void, and it’s hard to get them out,” said Del. Nancy Guy, D-Virginia Beach. “Regulation and taxation would also create a revenue stream for the state.”

“Decriminalization does nothing to address the disparate enforcement of marijuana laws, nor does it provide for public and consumer safety or prevent youth access,” said Jenn Michelle Pedini, executive director at Virginia NORML. “Legalization reflects the reality that cannabis is already here, and provides lawmakers the opportunity to govern its use and sale accordingly.”

Members of Virginia NORML meet with Rep. Abigail Spanberger in September 2019. Photo via Facebook.

Virginia spent $81.2 million in 2016 enforcing marijuana laws, while marijuana related arrests reached an all-time high in 2018 with almost 29,000. A recent poll by Christopher Newport University found that 83 percent of Virginians support decriminalizing possession of small amounts of marijuana.

Governor Northam signed a medical marijuana bill in 2018, permitting the supply of CBD oil or THC-A oil to treat symptoms of any diagnosed condition or disease determined by the practitioner. However, legislation to legalize cannabis use for those 21 or older was struck down by the House Courts of Justice Committee last year. With the Democrats taking power in the General Assembly, though, some legislators believe that the time for passage of such laws has arrived.

“Members of the General Assembly have unsuccessfully attempted for several years to introduce measures to decriminalize the simple possession of marijuana,” said Del. Steve Heretick, D-Portsmouth. “This year, such efforts are likely to finally find success.”

Top Photo by Add Weed on Unsplash.

Herring Calls For Marijuana Decriminalization

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In a Daily Press Op-Ed published on Sunday, Virginia’s Attorney General made the case for decriminalizing possession of marijuana.

In a move that pleased cannabis advocates and made headlines around the state, Virginia Attorney General Mark Herring wrote an op-ed in Sunday’s Daily Press calling for the decriminalization of “minor marijuana possession.”

“Virginia should decriminalize possession of small amounts of marijuana, address past convictions and start moving toward legal and regulated adult use,” Herring wrote in the op-ed.

Herring cited a massive increase in arrests and first-time convictions for marijuana possession in Virginia between 2008 and 2017. According to Herring, arrests have increased 115 percent, from 13,000 in 2008 to 28,000 in 2017, while first-time marijuana convictions have risen in the same time period from 6,500 to 10,000.

He also pointed out that those affected by arrest and prosecution for marijuana possession are disproportionately African-Americans and people of color. “The Virginia Crime Commission found that African Americans comprised 46% of all first offense possession arrests from 2007 to 2016, despite comprising just 20% of Virginia’s population and despite studies consistently showing that marijuana usage rates are comparable between African Americans and white Americans,” Herring wrote in the op-ed.

As Attorney General, Herring’s position at the state level won’t have an impact on prosecutions, which take place at the level of local government. He did praise Commonwealth’s Attorneys who have made moves to reduce the number of marijuana possession cases moving through the courts, but said that “locality-by-locality action is no substitute for a rational, unified statewide policy.”

In order to make any sort of practical change on this level, Herring will need his cause to be taken up by members of the General Assembly. The state legislature, which has been Republican-controlled for nearly a decade, has previously blocked any attempts to reform the commonwealth’s marijuana laws. However, Delegate Steve Heretick of Virginia’s 79th District, which includes parts of Norfolk, Portsmouth, and Chesapeake, told 13NewsNow that he intended to introduce legislation to decriminalize simple marijuana possession in the 2020 General Assembly session.

“Over 36 states and U.S. territories have regulated marijuana use by adults, so Virginia is not new to this,” Heretick said to 13NewsNow. “We have been looking at criminalization and legalization for some time now.”

Jenn Michelle Pedini, who is the Executive Director of the Virginia chapter of NORML (National Organization for Reform of Marijuana Laws), saw Herring’s statement as a positive and helpful step.

“The public’s response to Attorney General Herring’s statement not only supporting decriminalizing but legalizing and regulating adult use of marijuana has been overwhelmingly positive,” Pedini told 13NewsNow. “What this does is moves this issue to the front burner of Virginia politics.”

In November, all 140 members of the Virginia General Assembly will face elections. With Republican control of both houses held by an extremely narrow margin (21-19 in the Virginia Senate, 51-49 in the House Of Delegates), Democrats will be working hard to gain control and have an opportunity to pass a variety of legislation long blocked by Republican lawmakers. If Democrats do regain control of the General Assembly, it seems very likely that marijuana reform will be one of the first issues on the docket.

And for Herring, it’s high time. “We can’t avoid the conversation any longer,” he wrote in the Daily Press. “It is time for Virginia to embrace a better, smarter, and fairer approach to cannabis.”

Advocates Seek More Access To Medical Marijuana In Virginia

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Virginians with a variety of medical issues are hoping the state will make it easier for them to access medical marijuana.

RICHMOND, Va. — As other states have relaxed their laws against marijuana, citizens across Virginia gathered here Saturday to discuss how to persuade the General Assembly to legalize medical and recreational marijuana in the Commonwealth.

About 150 people, including health care providers and attorneys, attended the Virginia 2019 Cannabis Conference, held by the Virginia chapter of the National Organization for the Reform of Marijuana Laws.

Virginia NORML advocates decriminalizing possession of marijuana and regulating medical and recreational-use production and sales of the substance.

Members of NORML are hopeful after Gov. Ralph Northam voiced support for decriminalizing possession of small amounts of marijuana during his State of the Commonwealth speech on Wednesday, the first day of the General Assembly’s 2019 session.

“We want to keep people safe. But we shouldn’t use valuable law enforcement time, or costly prison space, on laws that don’t enhance public safety,” the governor said in his speech. “Current law imposes a maximum 30 days in jail for a first offense of marijuana possession.”

So far, lawmakers have proposed six bills to decriminalize simple marijuana possession. For example, HB 2371, sponsored by Del. Steve Heretick, D-Portsmouth, and HB 2373, by Del. Lee Carter, D-Prince William, would legalize marijuana for Virginians 21 and older and have the state operate retail marijuana stores. Under such proposals, Virginians under 21 who are caught with marijuana would have to pay a civil penalty.

Most attendees at the conference, held at the Delta by Marriott hotel, seemed particularly interested in medical marijuana and how to access it without traveling to another state.

Lorene Davidson of Richmond works in anesthesia as a nurse practitioner. She came to the conference because of her ongoing struggle with antidepressants, which she found were bad for her liver.

“I’m looking mostly for a way to find out more about getting a medical card and furthering getting that taken care of,” Davidson said.

As a speaker at the event, Melanie Seifert Davis of Richmond shared the story of her 10-year-old daughter Madison, who was diagnosed with ependymoma brain cancer in 2014.

“Although I’m not new to the world of cannabis, I’m brand new to the world of cannabis reform,” Davis said.

Madison is on four different cannabis-based products including CBD, THC, THCA and FECO (full extract cannabis oil) to help with seizures and the cancer itself, Davis said.

“Today and for every tomorrow I’m given, I will fill seven capsules with high doses of four different cannabis medications and watch as Madison swallows each one,” Davis said. “Science, research and experience in my heart all know that it can and will and has helped her.”

At the conference, Davis said the family recently received good news about Madison’s cancer: Four of the five tumors were gone.

“Cannabis is an important and essential part of why she is still here and still her, five years into this battle for her life,” Davis shared. “Cannabis is why she has never, not even once, suffered from the nausea, vomiting or seizures that are expected side effects of her chemo.”

Not only does Davis’ daughter suffer from cancer, but her son, Aiden, has Crohn’s disease. Aiden also uses cannabis to ease the pain of everyday life, Davis said.

“I fight because when I told my son about today, the first thing he said with legitimate fear in his voice was, ‘Mom, you can’t tell them those things. You can’t tell them about Maddie’s medicine. Cannabis is illegal. I need you; you can’t go to jail,’” Davis said.

Madison has been on cannabis products since June 2017. Davis said she gets Madison and Aiden’s cannabis from a licensed doctor in California.

Jenn Michelle Pedini, the executive director for Virginia NORML, said progress had been made in getting the state to expand access to medical cannabis.

According to the Virginia Board of Pharmacy, patients and their legal guardians can register to obtain such products if they have a certification issued by a physician.

“In 2016, we passed a bill that let us go forth and write a regulatory program that was based on Connecticut’s then-program, which was also low-THC, extraction-based products only and served to a small set of patients,” Pedini said.

In 2018, the General Assembly passed a law allowing practitioners to issue certifications for the use of cannabis-based products to alleviate symptoms “of any diagnosed condition or disease determined by the practitioner to benefit from such use.”

The Board of Pharmacy has given approval to pharmaceutical companies to open five dispensaries across the state where CBD and THC-A oils will be sold to authorized patients.

Del. Glenn Davis, R-Virginia Beach, has filed a bill (HB 2245) to double the number of medical cannabis dispensaries.

Written by Madison Manske, Capital News Service. Image via Facebook

Norfolk’s Commonwealth Attorney Announces Weed Just Isn’t A Big Deal

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In spirit of the new year, Norfolk’s office of the Commonwealth Attorney took the “new year, new me” goal to unprecedented heights. In line with Virginia’s continuing push for cannabis decriminalization, Norfolk’s Commonwealth’s Attorney, Greg Underwood, said in a letter addressed last Thursday that he will largely stop prosecuting people for possession of marijuana.

The letter’s intent is to establish a new directive for the year; it was forwarded to judges, city and state leaders, and criminal justice/public safety colleagues, according to a press release by Virginia NORML.

“The Office already does not prosecute these cases; however, some come to the office as misdemeanor appeals or when attached to felony charges or misdemeanor charges the Office handles,” Underwood wrote in the letter. “The Office will cease prosecuting all misdemeanor marijuana possession cases and will move to nolle prosequi or dismiss such cases that fall within our purview.”

According to Virginia NORML, marijuana arrests in Virginia increased 20% between 2016 and 2017. They expect that over $100M will be spent on enforcing marijuana prohibition across the Commonwealth, “with nearly 28,000 Virginians arrested for marijuana-related crimes.” According to the same release, Mr. Underwood has already established his stance on cannabis; last fall, at a Virginia NORML-sponsored panel discussion, he stated, “I support legalizing marijuana.”

Jenn Michelle Pedini, executive director of Virginia NORML, was impressed by Underwood’s initiative. “The fruits of Mr. Underwood’s leadership on marijuana possession prosecution can be seen in Commonwealth’s Attorney races throughout Virginia,” she said. “On the 2018 campaign trail, Chesterfield Commonwealth’s Attorney Scott Miles embraced a more progressive approach to enforcement than his predecessor or challenger. This year, three Northern Virginia Commonwealth’s Attorney candidates are echoing Mr. Underwood’s policy, pledging not to waste taxpayer resources prosecuting simple misdemeanor marijuana possession.”

The General Assembly approved the use of cannabidiol oils in 2018, but Virginia is still currently one of 20 states that bans both recreational and medicinal marijuana use. But it seems attitudes are changing. “It’s time for the Virginia General Assembly to take legislative action to decriminalize marijuana,” Pedini said. “Seven out of ten Virginians favor fines, not crimes, for possession of small amounts of marijuana for personal use. In the absence of such action, we can expect to see municipalities and Commonwealth’s Attorneys leverage the powers they do have when it comes to enforcing marijuana prohibition.”

The City of Norfolk officially endorsed marijuana decriminalization in 2018 and has already added it to the docket for the General Assembly in their 2019 legislative agenda. SB 997 sponsored by Senator Adam Ebbin (D-30), would decriminalize small-time possession of cannabis by adults and instead issue tickets; $50 for first violation, $100 for a second violation, and $250 for a third or subsequent violation.

The Virginia 2019 Cannabis Conference & Lobby Day starts in Richmond this Saturday, January 12th, and continues on to the 14th. The conference will feature expert speakers on the Virginia’s emerging hemp industry, medical cannabis, and marijuana law reform. For more information or to register, click here. For more information on Cannabis reform in Virginia or to keep up with the conversation, visit the Virginia NORML site.