—Having an open container of marijuana in a vehicle while it is being operated.
—Possession or use of marijuana by anyone under the age of 21.
Here’s a breakdown of what will become legal and what will remain illegal:
WHAT COMES NEXT:
—The law creates a Business Equity & Diversity Support Team at the authority to do outreach to areas disproportionately affected by marijuana prohibition. The team will also create a program to provide loans to qualified social equity cannabis license applicants to promote business ownership and economic growth by disproportionately impacted communities.
__Many provisions of the bill dealing with the regulatory framework will have to be reapproved by lawmakers next year. The possession and cultivation provisions will not need a second vote.
—Beginning Thursday, records of misdemeanor possession with intent to distribute marijuana arrests, charges and convictions will be automatically sealed from public view in the Virginia State Police systems. By July 1, 2025, after several state entities update their record-keeping systems, records of arrests, charges and convictions for simple possession or misdemeanor possession with the intent to distribute will be automatically sealed across all state and private databases. People will also be able to petition a court to seal all other marijuana-related misdemeanors and most felonies.
2021, Sp. Sess. I, cc. 550, 551.
A. Notwithstanding the provisions of subdivision c of § 18.2-248.1, a person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants. For purposes of this section, a “household” means those individuals, whether related or not, who live in the same house or other place of residence.
2. Take precautions to prevent unauthorized access by persons younger than 21 years of age; and
A person may only cultivate marijuana plants pursuant to this section at such person’s main place of residence.
§ 4.1-1101. Home cultivation of marijuana for personal use; penalties.
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3. For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and
1. Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids;
B. A person who cultivates marijuana for personal use pursuant to this section shall:
C. A person shall not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana within or on that property or land.
It will be years before legal retail sales is allowed in Virginia.
However, it will remain illegal to buy or sell seeds with which to grow the plant.
An adult can legally share or gift a marijuana plant with another adult as long as no money is exchanged or trade occurred.
It’s a question that should be clarified once the new law officially takes effect and the Virginia Cannabis Control Authority jumps into action on July 1.
How does one grow marijuana without first breaking the law to acquire the seed?
Republicans, who overwhelmingly opposed the bill when it initially went through the General Assembly, railed against the latest version.
“Prior to decriminalization taking effect in 2020, the Commonwealth was arresting upwards of 30,000 Virginians annually for marijuana possession,” NORML development director Jenn Michelle Pedini, who also serves as the executive director of the state chapter, Virginia NORML, said. “So while Virginians may be asking, ‘Where can get I cannabis legally,’ it’s unlikely Virginians are asking, ‘Where can I get cannabis?'”
RICHMOND, Va. — When Virginia’s new marijuana laws go into effect on July 1, it will become legal for adults 21+ to carry up to an ounce of marijuana. It will also become legal to grow up to four marijuana plants (per household) in Virginia.
It will not be legal for that “gift exchange” to happen in public.