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Bill > HB265


VA HB265

Marijuana; decriminalization of simple marijuana possession, civil penalty.


summary

Introduced
12/30/2019
In Committee
12/30/2019
Crossed Over
Passed
Dead
03/12/2020

Introduced Session

2020 Regular Session

Bill Summary

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $25. 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 from a Class 5 felony to a Class 6 felony the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana.

AI Summary

This bill decriminalizes the possession of marijuana in Virginia. Specifically, it: - Imposes a civil penalty of no more than $25 for possession of marijuana, instead of the current criminal penalty of up to $500 and 30 days in jail for a first offense. - Reduces the penalty for distribution or possession with intent to distribute more than one-half ounce but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony. - Creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use. - Allows the attorney for the Commonwealth or the county, city, or town attorney to prosecute possession of marijuana cases, which can be charged by summons. - Eliminates the existing suspended sentence and substance abuse screening provisions for civil violations of marijuana possession. - Removes the mandatory driver's license suspension for civil violations of marijuana possession. Overall, this bill decriminalizes the personal possession of small amounts of marijuana while maintaining criminal penalties for distribution and larger possession amounts.

Committee Categories

Justice

Sponsors (13)

Last Action

Incorporated by Courts of Justice (on 02/05/2020)

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