{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-1105.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-1105.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-1105.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-1105.1.html"}],"law_id":67477,"edition_id":1,"section_id":67477,"structure_id":13298,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","history":"2021, Sp. Sess. I, cc. 550, 551.","full_text":"A\n\nNo person younger than 21 years of age shall consume or possess, or attempt to consume or possess, any marijuana or marijuana products, except by any federal, state, or local law-enforcement officer or his agent when possession of marijuana or marijuana products is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the marijuana or marijuana products were possessed or consumed or in the county or city in which the person exhibits evidence of physical indicia of consumption of marijuana or marijuana products.B\n\nAny person 18 years of age or older who violates subsection A is subject to a civil penalty of no more than $25 and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused.C\n\nAny juvenile who violates subsection A is subject to a civil penalty of no more than $25 and the court shall require the accused to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. For purposes of &#xA7;&#xA7; 16.1-266, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, the court shall treat the child as delinquent.D\n\nAny such substance abuse treatment or education program to which a person is ordered pursuant to this section shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services or (ii) a program or services made available through a community-based probation services agency established pursuant to Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services agency, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.E\n\nAny civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to &#xA7; 18.2-251.02.","order_by":null,"text":{"0":{"id":244503,"text":"No person younger than 21 years of age shall consume or possess, or attempt to consume or possess, any marijuana or marijuana products, except by any federal, state, or local law-enforcement officer or his agent when possession of marijuana or marijuana products is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the marijuana or marijuana products were possessed or consumed or in the county or city in which the person exhibits evidence of physical indicia of consumption of marijuana or marijuana products.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244504,"text":"Any person 18 years of age or older who violates subsection A is subject to a civil penalty of no more than $25 and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244505,"text":"Any juvenile who violates subsection A is subject to a civil penalty of no more than $25 and the court shall require the accused to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. For purposes of &#xA7;&#xA7; 16.1-266, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, the court shall treat the child as delinquent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244506,"text":"Any such substance abuse treatment or education program to which a person is ordered pursuant to this section shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services or (ii) a program or services made available through a community-based probation services agency established pursuant to Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services agency, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244507,"text":"Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to &#xA7; 18.2-251.02.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13298,"edition_id":1,"name":"Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":13297,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":219423,"object_type":"structure","relational_id":13298,"identifier":"11","token":"4.1\/II\/11","url":"\/4.1\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13297,"edition_id":1,"name":"Cannabis Control Act","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":219415,"object_type":"structure","relational_id":13297,"identifier":"II","token":"4.1\/II","url":"\/4.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"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","url":"\/4.1-1100\/","token":"4.1\/II\/11\/4.1-1100","metadata":false},{"id":83418,"structure_id":13298,"section_number":"4.1-1101","catch_line":"Home cultivation of marijuana for personal use; penalties","url":"\/4.1-1101\/","token":"4.1\/II\/11\/4.1-1101","metadata":false},{"id":54287,"structure_id":13298,"section_number":"4.1-1101.1","catch_line":"Adult sharing of marijuana","url":"\/4.1-1101.1\/","token":"4.1\/II\/11\/4.1-1101.1","metadata":false},{"id":78971,"structure_id":13298,"section_number":"4.1-1102","catch_line":"Reserved","url":"\/4.1-1102\/","token":"4.1\/II\/11\/4.1-1102","metadata":false},{"id":67477,"structure_id":13298,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","url":"\/4.1-1105.1\/","token":"4.1\/II\/11\/4.1-1105.1","metadata":false},{"id":86063,"structure_id":13298,"section_number":"4.1-1106","catch_line":"Reserved","url":"\/4.1-1106\/","token":"4.1\/II\/11\/4.1-1106","metadata":false},{"id":80113,"structure_id":13298,"section_number":"4.1-1107","catch_line":"Using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway; penalty","url":"\/4.1-1107\/","token":"4.1\/II\/11\/4.1-1107","metadata":false},{"id":57928,"structure_id":13298,"section_number":"4.1-1108","catch_line":"Consuming marijuana or marijuana products, or offering to another, in public place; penalty","url":"\/4.1-1108\/","token":"4.1\/II\/11\/4.1-1108","metadata":false},{"id":61639,"structure_id":13298,"section_number":"4.1-1109","catch_line":"Consuming or possessing marijuana or marijuana products in or on public school grounds; penalty","url":"\/4.1-1109\/","token":"4.1\/II\/11\/4.1-1109","metadata":false},{"id":64626,"structure_id":13298,"section_number":"4.1-1110","catch_line":"Possessing or consuming marijuana or marijuana products while operating a school bus; penalty","url":"\/4.1-1110\/","token":"4.1\/II\/11\/4.1-1110","metadata":false},{"id":75509,"structure_id":13298,"section_number":"4.1-1111","catch_line":"Reserved","url":"\/4.1-1111\/","token":"4.1\/II\/11\/4.1-1111","metadata":false},{"id":59495,"structure_id":13298,"section_number":"4.1-1112","catch_line":"Limitation on carrying marijuana or marijuana products in motor vehicle transporting passengers for hire; penalty","url":"\/4.1-1112\/","token":"4.1\/II\/11\/4.1-1112","metadata":false},{"id":68262,"structure_id":13298,"section_number":"4.1-1113","catch_line":"Reserved","url":"\/4.1-1113\/","token":"4.1\/II\/11\/4.1-1113","metadata":false},{"id":77880,"structure_id":13298,"section_number":"4.1-1116","catch_line":"Illegal advertising; penalties; exception","url":"\/4.1-1116\/","token":"4.1\/II\/11\/4.1-1116","metadata":false},{"id":61871,"structure_id":13298,"section_number":"4.1-1120","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment, and education programs or services; drug tests; costs and fees; violations; discharge","url":"\/4.1-1120\/","token":"4.1\/II\/11\/4.1-1120","metadata":false},{"id":67576,"structure_id":13298,"section_number":"4.1-1121","catch_line":"Issuance of summonses for certain offenses; civil penalties","url":"\/4.1-1121\/","token":"4.1\/II\/11\/4.1-1121","metadata":false}],"previous_section":{"id":78971,"structure_id":13298,"section_number":"4.1-1102","catch_line":"Reserved","url":"\/4.1-1102\/","token":"4.1\/II\/11\/4.1-1102","metadata":false},"next_section":{"id":86063,"structure_id":13298,"section_number":"4.1-1106","catch_line":"Reserved","url":"\/4.1-1106\/","token":"4.1\/II\/11\/4.1-1106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-1105.1\/","history_text":false,"references":[{"id":71520,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","order_by":null,"url":"\/18.2-251.03\/"},{"id":67789,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","order_by":null,"url":"\/19.2-188.1\/"}],"refers_to":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":67041,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","order_by":null,"url":"\/16.1-278.8_01\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":58651,"section_number":"18.2-251.02","catch_line":"Drug Offender Assessment and Treatment Fund","order_by":null,"url":"\/18.2-251.02\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"permalink":{"id":219441,"object_type":"law","relational_id":67477,"identifier":"4.1-1105.1","token":"4.1\/II\/11\/4.1-1105.1","url":"\/4.1-1105.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-1105.1\/","token":"4.1\/II\/11\/4.1-1105.1","dublin_core":{"Title":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-1105.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No person younger than 21 years of age shall consume or possess, or attempt to consume or possess, any marijuana or <span class=\"dictionary\">marijuana products<\/span>, except by any federal, state, or local <span class=\"dictionary\">law<\/span>-enforcement officer or his agent when <span class=\"dictionary\">possession<\/span> of marijuana or <span class=\"dictionary\">marijuana products<\/span> is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the marijuana or <span class=\"dictionary\">marijuana products<\/span> were possessed or consumed or in the county or city in which the person exhibits <span class=\"dictionary\">evidence<\/span> of physical indicia of consumption of marijuana or <span class=\"dictionary\">marijuana products<\/span>. <a id=\"paragraph-244503\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-1105.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any person 18 years of age or older who violates subsection A is subject to a civil <span class=\"dictionary\">penalty<\/span> of no more than $25 and shall be ordered to enter a <span class=\"dictionary\">substance abuse treatment<\/span> or education program or both, if available, that in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">court<\/span> best suits the needs of the <span class=\"dictionary\">accused<\/span>. <a id=\"paragraph-244504\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-1105.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any juvenile who violates subsection A is subject to a civil <span class=\"dictionary\">penalty<\/span> of no more than $25 and the <span class=\"dictionary\">court<\/span> shall require the <span class=\"dictionary\">accused<\/span> to enter a <span class=\"dictionary\">substance abuse treatment<\/span> or education program or both, if available, that in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">court<\/span> best suits the needs of the <span class=\"dictionary\">accused<\/span>. For purposes of &#xA7;&#xA7; <a class=\"law\" title=\"Appointment of counsel and guardian ad litem\" href=\"\/16.1-266\/\">16.1-266<\/a>, <a class=\"law\" title=\"Court may require investigation of social history and preparation of victim impact statement\" href=\"\/16.1-273\/\">16.1-273<\/a>, <a class=\"law\" title=\"Delinquent juveniles\" href=\"\/16.1-278.8\/\">16.1-278.8<\/a>, <a class=\"law\" title=\"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs\" href=\"\/16.1-278.8_01\/\">16.1-278.8:01<\/a>, and <a class=\"law\" title=\"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy\" href=\"\/16.1-278.9\/\">16.1-278.9<\/a>, the <span class=\"dictionary\">court<\/span> shall treat the child as delinquent. <a id=\"paragraph-244505\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-1105.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Any such <span class=\"dictionary\">substance abuse treatment<\/span> or education program to which a person is ordered pursuant to this section shall be provided by (i) a program <span class=\"dictionary\">licensed<\/span> by the Department of Behavioral Health and Developmental Services or (ii) a program or services made available through a community-based <span class=\"dictionary\">probation<\/span> services agency established pursuant to Article 9 (&#xA7; <a class=\"law\" title=\"Purpose\" href=\"\/9.1-173\/\">9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based <span class=\"dictionary\">probation<\/span> services agency, the local community-based <span class=\"dictionary\">probation<\/span> services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of <span class=\"dictionary\">probation<\/span>. <a id=\"paragraph-244506\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-1105.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to &#xA7; <a class=\"law\" title=\"Drug Offender Assessment and Treatment Fund\" href=\"\/18.2-251.02\/\">18.2-251.02<\/a>. <a id=\"paragraph-244507\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/4.1-1105.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOSSESSION OF MARIJUANA OR MARIJUANA PRODUCTS UNLAWFUL IN CERTAIN CASES; VENUE;\nEXCEPTIONS; PENALTIES; TREATMENT AND EDUCATION PROGRAMS AND SERVICES (\u00a7\n4.1-1105.1)\n\nA. No person younger than 21 years of age shall consume or possess, or attempt\nto consume or possess, any marijuana or marijuana products, except by any\nfederal, state, or local law-enforcement officer or his agent when possession of\nmarijuana or marijuana products is necessary in the performance of his duties.\nSuch person may be prosecuted either in the county or city in which the\nmarijuana or marijuana products were possessed or consumed or in the county or\ncity in which the person exhibits evidence of physical indicia of consumption of\nmarijuana or marijuana products.\n\nB. Any person 18 years of age or older who violates subsection A is subject to a\ncivil penalty of no more than $25 and shall be ordered to enter a substance\nabuse treatment or education program or both, if available, that in the opinion\nof the court best suits the needs of the accused.\n\nC. Any juvenile who violates subsection A is subject to a civil penalty of no\nmore than $25 and the court shall require the accused to enter a substance abuse\ntreatment or education program or both, if available, that in the opinion of the\ncourt best suits the needs of the accused. For purposes of &#xA7;&#xA7;\n16.1-266, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, the court shall\ntreat the child as delinquent.\n\nD. Any such substance abuse treatment or education program to which a person is\nordered pursuant to this section shall be provided by (i) a program licensed by\nthe Department of Behavioral Health and Developmental Services or (ii) a program\nor services made available through a community-based probation services agency\nestablished pursuant to Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of Title\n9.1, if one has been established for the locality. When an offender is ordered\nto a local community-based probation services agency, the local community-based\nprobation services agency shall be responsible for providing for services or\nreferring the offender to education or treatment services as a condition of\nprobation.\n\nE. Any civil penalties collected pursuant to this section shall be deposited\ninto the Drug Offender Assessment and Treatment Fund established pursuant to\n&#xA7; 18.2-251.02.\n\nHISTORY: 2021, Sp. Sess. I, cc. 550, 551.","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}}