{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-1120.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-1120.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-1120.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-1120.html"}],"law_id":61871,"edition_id":1,"section_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","history":"2021, Sp. Sess. I, cc. 550, 551.","full_text":"A\n\nWhenever any person who has not previously been convicted of any offense under this subtitle pleads guilty to or enters a plea of not guilty to an offense under this subtitle, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions.B\n\nAs a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to § 19.2-299.2 and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, or a similar program that is made available through the Department of Corrections; (ii) a local community-based probation services agency established pursuant to § 9.1-174; or (iii) an alcohol safety action program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).C\n\nThe court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused’s ability to pay, unless the person is determined by the court to be indigent.D\n\nAs a condition of probation, the court shall require the accused (i) to successfully complete treatment or education programs or services, (ii) to remain drug-free and alcohol-free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug-free and alcohol-free, (iii) to make reasonable efforts to secure and maintain employment, and (iv) to comply with a plan of up to 24 hours of community service. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.E\n\nUpon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.F\n\nWhen any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.","order_by":null,"text":{"0":{"id":225918,"text":"Whenever any person who has not previously been convicted of any offense under this subtitle pleads guilty to or enters a plea of not guilty to an offense under this subtitle, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225919,"text":"As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to § 19.2-299.2 and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, or a similar program that is made available through the Department of Corrections; (ii) a local community-based probation services agency established pursuant to § 9.1-174; or (iii) an alcohol safety action program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225920,"text":"The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused’s ability to pay, unless the person is determined by the court to be indigent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225921,"text":"As a condition of probation, the court shall require the accused (i) to successfully complete treatment or education programs or services, (ii) to remain drug-free and alcohol-free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug-free and alcohol-free, (iii) to make reasonable efforts to secure and maintain employment, and (iv) to comply with a plan of up to 24 hours of community service. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":225922,"text":"Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":225923,"text":"When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; 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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; 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conditions; substance abuse screening, assessment treatment, and education programs or services; drug tests; costs and fees; violations; discharge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-1120","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any person who has not previously been convicted of any offense<\/span> under this subtitle pleads guilty to or enters a plea<\/span> of not guilty to an offense<\/span> under this subtitle, the court<\/span>, upon such plea<\/span> if the facts<\/span> found by the court<\/span> would justify a finding<\/span> of guilt, without entering a judgment<\/span> of guilt and with the consent of the accused<\/span>, may defer further proceedings and place the accused<\/span> on probation<\/span> upon terms and conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As a term or condition, the court<\/span> shall require the accused<\/span> to undergo a substance abuse assessment pursuant to § 19.2-299.2<\/a> and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion<\/span> of the court<\/span>, may be best suited to the needs of the accused<\/span> based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court<\/span> may provide. The services shall be provided by (i) a program licensed<\/span> by the Department of Behavioral Health and Developmental Services, or a similar program that is made available through the Department of Corrections; (ii) a local community-based probation<\/span> services agency established pursuant to § 9.1-174<\/a>; or (iii) an alcohol safety action program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing<\/span>, and treatment, based upon the accused<\/span>’s ability to pay, unless the person is determined by the court<\/span> to be indigent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As a condition of probation<\/span>, the court<\/span> shall require the accused<\/span> (i) to successfully complete treatment or education programs or services, (ii) to remain drug-free and alcohol-free during the period of probation<\/span> and submit to such tests<\/span> during that period as may be necessary and appropriate to determine if the accused<\/span> is drug-free and alcohol-free, (iii) to make reasonable efforts to secure and maintain employment, and (iv) to comply with a plan of up to 24 hours of community service<\/span>. Such testing<\/span> shall be conducted by personnel of the supervising probation<\/span> agency or personnel of any program or agency approved by the supervising probation<\/span> agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon violation of a term or condition, the court<\/span> may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court<\/span> shall discharge the person and dismiss the proceedings against him. Discharge and dismissal<\/span> under this section shall be without adjudication of guilt and is a conviction<\/span> only for the purposes of applying this section in subsequent proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When any juvenile is found to have committed a violation of subsection A, the disposition<\/span> of the case shall be handled according to the provisions of Article 9 (§ 16.1-278<\/a> et seq.) of Chapter 11 of Title 16.1. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONS CHARGED WITH FIRST OFFENSE MAY BE PLACED ON PROBATION; CONDITIONS;\nSUBSTANCE ABUSE SCREENING, ASSESSMENT TREATMENT, AND EDUCATION PROGRAMS OR\nSERVICES; DRUG TESTS; COSTS AND FEES; VIOLATIONS; DISCHARGE (\u00a7 4.1-1120)\n\nA. Whenever any person who has not previously been convicted of any offense\nunder this subtitle pleads guilty to or enters a plea of not guilty to an\noffense under this subtitle, the court, upon such plea if the facts found by the\ncourt would justify a finding of guilt, without entering a judgment of guilt and\nwith the consent of the accused, may defer further proceedings and place the\naccused on probation upon terms and conditions.\n\nB. As a term or condition, the court shall require the accused to undergo a\nsubstance abuse assessment pursuant to § 19.2-299.2 and enter treatment or\nan education program or services, or any combination thereof, if available, such\nas, in the opinion of the court, may be best suited to the needs of the accused\nbased upon consideration of the substance abuse assessment. The program or\nservices may be located in the judicial district in which the charge is brought\nor in any other judicial district as the court may provide. The services shall\nbe provided by (i) a program licensed by the Department of Behavioral Health and\nDevelopmental Services, or a similar program that is made available through the\nDepartment of Corrections; (ii) a local community-based probation services\nagency established pursuant to § 9.1-174; or (iii) an alcohol safety action\nprogram (ASAP) certified by the Commission on the Virginia Alcohol Safety Action\nProgram (VASAP).\n\nC. The court shall require the person entering such program under the provisions\nof this section to pay all or part of the costs of the program, including the\ncosts of the screening, assessment, testing, and treatment, based upon the\naccused’s ability to pay, unless the person is determined by the court to\nbe indigent.\n\nD. As a condition of probation, the court shall require the accused (i) to\nsuccessfully complete treatment or education programs or services, (ii) to\nremain drug-free and alcohol-free during the period of probation and submit to\nsuch tests during that period as may be necessary and appropriate to determine\nif the accused is drug-free and alcohol-free, (iii) to make reasonable efforts\nto secure and maintain employment, and (iv) to comply with a plan of up to 24\nhours of community service. Such testing shall be conducted by personnel of the\nsupervising probation agency or personnel of any program or agency approved by\nthe supervising probation agency.\n\nE. Upon violation of a term or condition, the court may enter an adjudication of\nguilt and proceed as otherwise provided. Upon fulfillment of the terms and\nconditions, the court shall discharge the person and dismiss the proceedings\nagainst him. Discharge and dismissal under this section shall be without\nadjudication of guilt and is a conviction only for the purposes of applying this\nsection in subsequent proceedings.\n\nF. When any juvenile is found to have committed a violation of subsection A, the\ndisposition of the case shall be handled according to the provisions of Article\n9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.\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}}