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Bill > HB2079


VA HB2079

VA HB2079
Marijuana; decriminalization of simple possession, penalty.


summary

Introduced
01/07/2019
In Committee
01/07/2019
Crossed Over
Passed
Dead
02/24/2019

Introduced Session

2019 Regular Session

Bill Summary

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.

AI Summary

This bill decriminalizes the simple possession of marijuana in Virginia. It imposes a civil penalty of up to $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation, rather than the current criminal penalties of up to a $500 fine and 30 days in jail for a first offense and a Class 1 misdemeanor for subsequent offenses. The bill also creates a rebuttable presumption that possession of up to one-half ounce of marijuana is for personal use, and applies the existing suspended sentence and substance abuse screening provisions only to criminal violations or civil violations by a minors. Additionally, the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana is decreased from a Class 5 felony to a Class 6 felony.

Committee Categories

Justice

Sponsors (9)

Last Action

Left in Courts of Justice (on 02/05/2019)

bill text


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