Marijuana possession legal in Virginia as of July 1
The Virginia General Assembly has approved Gov. Ralph Northam’s request to move up the date for legalizing marijuana.
As a result, the simple possession of marijuana for recreational use will be legal on July 1, 2021, three years earlier than under legislation passed earlier. Virginia is the first state in the South to legalize marijuana.
The new law allows adults to legally possess up to one ounce of cannabis, without intent to distribute.
Households will be allowed to grow up to four marijuana plants. The plants must be kept out of sight from public view and out of range of individuals under age 21.
In lauding the General Assembly for making the changes, Northam said on March 7: “Marijuana laws were explicitly designed to target communities of color, and Black Virginians are disproportionately likely to be stopped, charged, and convicted. Today, Virginia took a critical step to right these wrongs and restore justice to those harmed by decades of over-criminalization.
According to Northam, the new law sets out a framework for legalization that focuses on public health, public safety, and equity. This includes a plan to seal certain crimes from an individual’s record automatically, so those with past convictions can get a clean slate and move on with their lives.
Related story: Virginia legislature passes bill on legalizing recreational marijuana
The new Cannabis Control Authority, an independent agency, will convene this summer to establish regulations for the adult-use market. The legislation authorizes the control authority to revoke a company’s business license if it interferes with union organizing efforts, fails to pay prevailing wages as defined by the U.S. Department of Labor, or classifies more than 10 percent of employees as independent contractors.
The law also prohibits smoking marijuana while driving and possession of marijuana on school grounds.
Here is a thought: the County should take over all that vacant land off of Columbia Pike in Baileys Crossroads and make it a marijuana farm. Great economics, make use of a wasteland and put Baileys on the map. It could be named Penny Grove. Just think of the booming business, tourists and the economic stimulus for Mason that is sorely needed.
I think you're my soulmate.. except, I'd prefer Gross' Grove. (Or would it be Gross's Grove?) Time to research seed banks..
847- Great idea!!
A cop asks a dude he pulls over "How high Are you?" The dude responds "No officer. "It's Hi, how are you?"
I'd be a customer for sure. Maybe it could be a full outdoor market of different marijuana types and fresh fruits, vegetables and other specialties. Sort of like Eastern Market in DC. This would be much more dynamic than the Penny Palace social welfare southeast office building she has been ramming down us.
Still a federal crime though, so I think VA police can still arrest for possession or to establish probable cause for a search. But i’m a crap lawyer. Definitely don’t take my word for it.
Man, you know how to kill a party!
Virginia police are not federal officers and so would not be permitted to arrest for possession under standard operating conditions, and the law prohibits using simple possession of cannabis as a means for establishing probable cause for a search (in the same way holding a bottle of liquor would not justify a police search. A law passed in 2020 already prohibited the applying the odor of cannabis as a justification for probable cause. However, any cannabis not sealed in its original manufacturer's packaging that is visually observable within a motor vehicle's passenger compartment would be applied in the same way an open container of alcohol would be, and in this instance could result in a sobriety test and possible arrest for DUI. Because there are no legal manufacturers/distributors of recreational cannabis yet, this pretty much means you should keep it in the trunk, though in practice keeping it out of sight (and, ideally, out of easy reach) should be sufficient, given that even the odor of cannabis can no longer be used as probable cause.
Crap lawyer here again. I think 4/14/21 isn’t quite right. I think state police can enforce federal criminal laws. And even if there’s a conflict between state and federal laws, federal law prevails. So even though VA has decriminalized, federal law has not.
It’s not exactly relevant, but there is a SCOTUS opinion, Moore v VA, that says police did’t violate the Fourth Amendment when they made an arrest that was based on probable cause but prohibited by state law, or when they performed a search incident to the arrest.
But I am a crap lawyer so don’t take my word for it. And stay safe out there