Virginia Marijuana Laws

A guide to Virginia's marijuana laws and penalties.


  • Possession of marijuana is punishable by up to 30 days in jail and a fine up to $500 for the first offense and up to one year in jail and a fine up to $2,500 for subsequent offenses (§ 18.2-250.1).
  • Cultivation of marijuana is punishable by 5 - 30 years in prison and a fine up to $10,000. A conviction for manufacturing marijuana must include proof that the marijuana was being grown for a purpose other than the grower's personal use (§ 18.2-248.1).
  • The delivery or sale of one-half ounce of marijuana or less is punishable by up to one year in jail and a fine up to $2,500. For greater than one-half ounce, the penalties increase to a possible 1 - 10 years in prison and a fine up to $2,500. Sale or delivery of greater than five pounds carries a penalty of 5 - 30 years in prison. Any amount of 100 kilograms or greater is punishable by a mandatory minimum sentence of twenty years in prison with a possible maximum of life in prison and a fine of up to $1,000,000 (§ 18.2-248.1).
  • Any sale to a minor carries a penalty of 10 - 50 years in prison and a fine of up to $100,000. Any sale within 1,000 feet of a school, school bus, school bus stop, recreation center, public library or state hospital is punishable by 1 - 5 years in prison and a fine up to $100,000 (§ 18.2-248.1).
  • Transporting five pounds or more into the state with the intent to sell carries a sentence of 5 - 40 years in prison, with a three-year mandatory minimum sentence, and a fine of up to $1,000,000 (§ 18.2-248.1).
  • Probation with deferred proceedings is possible for first offenders in some instances (§ 18.2-251).
  • Possession and distribution of medical marijuana is allowed, but only by prescription (§ 18.2-251.1).
  • Sale of paraphernalia, or possession with intent to sell, carries a penalty of up to a year in jail and/or a fine of $2500 (§ 18.2-265.3).

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