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Virginia Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Virginia on
Q: In Va can a landlord evict a person for marijuana on the property
Maria T Patente
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Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

Most leases in Virginia written for professional landlords include an express provision that prohibits controlled substances, including marijuana. Marijuana is still a controlled substance under federal law, and in Virginia up to one ounce is excluded from the criminal code. Absent these... View More

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: In a state where cannabis is legal is it legal to mail THC vape cartridges to another state where cannabis is legal?
Aaron A. Pelley
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Aaron A. Pelley
answered on Sep 19, 2021

It is still Federally illegal to ship cannabis or transport it across state lines. Or possess cannabis. Or anything with cannabis. Still all federally illegal. All of it.

The reason this is more of a problem is because you are would be using a Federal service (United States Post Office) to...
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1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Virginia on
Q: I live in Virginia and need to take ASAP classes, now that marijuana is legal here should I worry about testing positive

The law goes into effect on July 1st, and my first intake appointment isn’t until May 12

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 9, 2021

Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I live in VA. If i get caught with less then an ounce of marijuana thats bagged up, could i still get a felony charge?
Brian M. Latuga
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Brian M. Latuga
answered on Nov 1, 2020

Less than an ounce, if charged as distribution, is a misdemeanor. Less than an ounce for personal use is a civil penalty and still unlawful. Anything over an ounce charged as distribution is a felony.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: As a 23 year old Virginia resident, can I purchase recreational Marijuana in washington dc?
Shemeka C Hankins
Shemeka C Hankins
answered on Sep 14, 2020

Purchasing marijuana is legal in the District of Columbia. What I'm guess you are asking is if you can bring it back into Virginia and possess it. Possession of Marijuana is not legal in the state of Va but it was just decriminalized - which make it a civil penalty of $25 for possession of... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I currently have two charges that deal with marijuana. One for possession of paraphernalia and the other for possession

The charges happened in Va in two different counties. They are previous charges from 2015 and 2017

Brian M. Latuga
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Brian M. Latuga
answered on Jul 7, 2020

Good morning. Is there a question associated with this?

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Marijuana is now decriminalized in VA. I was charged before it passed but still haven't been to court. What will happen?
Shemeka C Hankins
Shemeka C Hankins
answered on Jul 3, 2020

It will depend on the judge and the facts surrounding your situation. If it is a first time offense it is highly likely that the judge will follow the new decriminalization statute.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: will officers in VA be able to use marijuana smell as probable cause to search a vehicle when the new law is in effect.
Brian M. Latuga
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Brian M. Latuga
answered on Jun 15, 2020

Yes. It is not legal, but merely a lesser penalty (civil infraction) for smaller amounts of plant marijuana.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: If I got a marijuana possession charge when I was 17 but may not go to court until after my birthday..

Will I be charged as an adult or minor? This is my 3rd posession charge.

Shemeka C Hankins
Shemeka C Hankins
answered on Feb 24, 2020

If the date of offense was before you turned 18, then the case will be in juvenile court. You should definitely seek counsel still however b/c they can sentence you as an adult if you are 18 b/c technically you cannot take advantage of juvenile services. Also it is a third offense so the court... View More

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Hi im from va. Im on first offenders for weed I got caught shoplifting today what will happen? 97$
Shemeka C Hankins
Shemeka C Hankins
answered on Feb 11, 2020

More than likely if you are convicted of the shoplifting, you will also be convicted of your marijuana charge. One of your conditions of the first offender is good, law-abiding behavior so a new conviction is a violation of that. You should consult with your prior attorney or a new who can advise... View More

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