{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-1100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-1100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-1100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-1100.html"}],"law_id":61546,"edition_id":1,"section_id":61546,"structure_id":13298,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties","history":"2021, Sp. Sess. I, cc. 550, 551; 2022, Sp. Sess. I, c. 2; 2023, Sp. Sess. I, c. 1.","full_text":"A\n\nExcept as otherwise provided in this subtitle and notwithstanding any other provision of law, a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.B\n\nAny person who possesses on his person or in any public place marijuana or marijuana products in excess of the amounts set forth in subsection A is subject to a civil penalty of no more than $25 except as otherwise provided in this section. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.C\n\nWith the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee’s marijuana establishment, any person who possesses on his person or in any public place (i) more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and (ii) more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.D\n\nThe provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.","order_by":null,"text":{"0":{"id":224746,"text":"Except as otherwise provided in this subtitle and notwithstanding any other provision of law, a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224747,"text":"Any person who possesses on his person or in any public place marijuana or marijuana products in excess of the amounts set forth in subsection A is subject to a civil penalty of no more than $25 except as otherwise provided in this section. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224748,"text":"With the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee’s marijuana establishment, any person who possesses on his person or in any public place (i) more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and (ii) more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":224749,"text":"The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13298,"edition_id":1,"name":"Possession of Retail Marijuana and Retail Marijuana Products; 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A.<\/span> Except as otherwise provided in this subtitle and notwithstanding any other provision of law<\/span>, a person 21 years of age or older may lawfully possess on his person or in any public place<\/span> not more than one ounce of marijuana<\/span> or an equivalent amount of marijuana<\/span> product as determined by regulation promulgated by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who possesses on his person or in any public place<\/span> marijuana or marijuana products<\/span> in excess of the amounts set forth in subsection A is subject to a civil penalty<\/span> of no more than $25 except as otherwise provided in this section. The penalty<\/span> for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> With the exception of possession<\/span> by a person in his residence<\/span> or possession<\/span> by a licensee<\/span> in the course of his duties related to such licensee<\/span>’s marijuana establishment<\/span>, any person who possesses on his person or in any public place<\/span> (i) more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board<\/span> is guilty of a Class 3 misdemeanor<\/span> and, for a second or subsequent offense<\/span>, a Class 2 misdemeanor<\/span> and (ii) more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board<\/span> is guilty of a felony<\/span> punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section shall not apply to members of federal, state, county, city, or town law<\/span>-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1<\/a>, certified as handlers of dogs trained in the detection of controlled substances when possession<\/span> of marijuana is necessary for the performance of their duties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSSESSION, ETC., OF MARIJUANA AND MARIJUANA PRODUCTS BY PERSONS 21 YEARS OF AGE\nOR OLDER LAWFUL; PENALTIES (\u00a7 4.1-1100)\n\nA. Except as otherwise provided in this subtitle and notwithstanding any other\nprovision of law, a person 21 years of age or older may lawfully possess on his\nperson or in any public place not more than one ounce of marijuana or an\nequivalent amount of marijuana product as determined by regulation promulgated\nby the Board.\n\nB. Any person who possesses on his person or in any public place marijuana or\nmarijuana products in excess of the amounts set forth in subsection A is subject\nto a civil penalty of no more than $25 except as otherwise provided in this\nsection. The penalty for any violations of this section by an adult shall be\nprepayable according to the procedures in § 16.1-69.40:2.\n\nC. With the exception of possession by a person in his residence or possession\nby a licensee in the course of his duties related to such licensee’s\nmarijuana establishment, any person who possesses on his person or in any public\nplace (i) more than four ounces but not more than one pound of marijuana or an\nequivalent amount of marijuana product as determined by regulation promulgated\nby the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent\noffense, a Class 2 misdemeanor and (ii) more than one pound of marijuana or an\nequivalent amount of marijuana product as determined by regulation promulgated\nby the Board is guilty of a felony punishable by a term of imprisonment of not\nless than one year nor more than 10 years and a fine of not more than $250,000,\nor both.\n\nD. The provisions of this section shall not apply to members of federal, state,\ncounty, city, or town law-enforcement agencies, jail officers, or correctional\nofficers, as defined in § 53.1-1, certified as handlers of dogs trained in\nthe detection of controlled substances when possession of marijuana is necessary\nfor the performance of their duties.\n\nHISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2022, Sp. Sess. I, c. 2; 2023, Sp.\nSess. I, c. 1.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}