Drug policy of Virginia
Encyclopedia
The U.S. state
of Virginia
has various policies restricting the production, sale, and use of different substances
.
loosened the laws on cannabis
and added a provision allowing its use and distribution for cancer
and glaucoma
. There is currently a provision in the law, § 18.2-251, which allows a case to be dismissed if the offender goes through probation
and treatment. However, those who get the "251" disposition are still subject to a mandatory six-month driver's license suspension; this penalty was imposed in response to the Solomon-Lautenberg amendment
. In the 1990s, Virginia had some of the lightest penalties for cultivation in the United States
; cultivation of any amount for personal use counted as simple possession (otherwise it carried felony
penalties of up to 35 years imprisonment). In at least one case, a defendant with a massive grow operation of several hundred plants testified that it was all for his own use and a jury handed down a conviction for possession only. Possession is currently an unclassified misdemeanor
punishable by 30 days in jail and a $500 fine for a first-time offense. A second offense is a class 1 misdemeanor punishable by one year in jail and a $2500 fine.
states:
In 1998, a bill was introduced to repeal the medical use provision, but it was defeated after opposition materialized from Virginians Against Drug Violence
.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
has various policies restricting the production, sale, and use of different substances
Controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
.
Cannabis
Virginia General AssemblyVirginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
loosened the laws on cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
and added a provision allowing its use and distribution for cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
and glaucoma
Glaucoma
Glaucoma is an eye disorder in which the optic nerve suffers damage, permanently damaging vision in the affected eye and progressing to complete blindness if untreated. It is often, but not always, associated with increased pressure of the fluid in the eye...
. There is currently a provision in the law, § 18.2-251, which allows a case to be dismissed if the offender goes through probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
and treatment. However, those who get the "251" disposition are still subject to a mandatory six-month driver's license suspension; this penalty was imposed in response to the Solomon-Lautenberg amendment
Solomon-Lautenberg amendment
The Solomon–Lautenberg amendment is a 1991 law that requires U.S. states to impose a mandatory six-month drivers license suspension for drug offenses, or face loss of federal highway funds. States are allowed to pass legislation opting out of this....
. In the 1990s, Virginia had some of the lightest penalties for cultivation in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
; cultivation of any amount for personal use counted as simple possession (otherwise it carried felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
penalties of up to 35 years imprisonment). In at least one case, a defendant with a massive grow operation of several hundred plants testified that it was all for his own use and a jury handed down a conviction for possession only. Possession is currently an unclassified misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
punishable by 30 days in jail and a $500 fine for a first-time offense. A second offense is a class 1 misdemeanor punishable by one year in jail and a $2500 fine.
Medical use
§ 18.2-251.1 of the Code of VirginiaCode of Virginia
The Code of Virginia is the statutory law of the U.S. state of Virginia, and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force...
states:
- A. No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for the possession of marijuana or tetrahydrocannabinol when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice for treatment of cancer or glaucoma.
- B. No medical doctor shall be prosecuted under § 18.2-248 or § 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol for medical purposes when such action occurs in the course of his professional practice for treatment of cancer or glaucoma.
- C. No pharmacist shall be prosecuted under §§ 18.2-248 to 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol to any person who holds a valid prescription of a medical doctor for such substance issued in the course of such doctor's professional practice for treatment of cancer or glaucoma.
In 1998, a bill was introduced to repeal the medical use provision, but it was defeated after opposition materialized from Virginians Against Drug Violence
Virginians Against Drug Violence
Virginians Against Drug Violence, or VADV, is an organization devoted to ending the drug war in the Commonwealth of Virginia. It reviews the Virginia General Assembly's bills every year, sending out emails to a network of citizens and urging them to contact their legislators on relevant issues...
.