{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.20_7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.20_7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.20_7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.20_7.html"}],"law_id":55736,"edition_id":1,"section_id":55736,"structure_id":13626,"section_number":"46.2-341.20:7","catch_line":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","history":"2021, Sp. Sess. I, cc. 227, 228, 550, 551; 2022, cc. 259, 642; 2023, cc. 740, 773.","full_text":"A\n\nIt is unlawful for any person to knowingly or intentionally possess marijuana in a commercial motor vehicle as defined in § 46.2-341.4. The attorney for the Commonwealth or the county, city, or town attorney may prosecute such a case.\n\t\t\tUpon the prosecution of a person for a violation of this section, ownership or occupancy of the vehicle in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.\n\t\t\tAny person who violates this section is subject to a civil penalty of no more than $25. A violation of this section is a civil offence. Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to § 18.2-251.02. Violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.B\n\nAny violation of this section shall be charged by summons. A summons for a violation of this section may be executed by a law-enforcement officer when such violation is observed by such officer. The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to § 46.2-388. No court costs shall be assessed for violations of this section. A person’s criminal history record information as defined in § 9.1-101 shall not include records of any charges or judgments for a violation of this section, and records of such charges or judgments shall not be reported to the Central Criminal Records Exchange; however, such violation shall be reported to the Department of Motor Vehicles and shall be included on such individual’s driving record.C\n\nThe procedure for appeal and trial of any violation of this section shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.D\n\nThe provisions of this section shall not apply to members of state, federal, 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.E\n\nThe provisions of this section involving marijuana in the form of cannabis products as that term is defined in § 4.1-1600 shall not apply to any person who possesses such cannabis product pursuant to a valid written certification issued by a practitioner in the course of his professional practice pursuant to § 4.1-1601 for treatment or to alleviate the symptoms of (i) the person’s diagnosed condition or disease, (ii) if such person is the parent or guardian of a minor or of a vulnerable adult as defined in § 18.2-369, such minor’s or vulnerable adult’s diagnosed condition or disease, or (iii) if such person has been designated as a registered agent pursuant to § 4.1-1601, the diagnosed condition or disease of his principal or, if the principal is the parent or legal guardian of a minor or of a vulnerable adult as defined in § 18.2-369, such minor’s or vulnerable adult’s diagnosed condition or disease.","order_by":null,"text":{"0":{"id":204261,"text":"It is unlawful for any person to knowingly or intentionally possess marijuana in a commercial motor vehicle as defined in § 46.2-341.4. The attorney for the Commonwealth or the county, city, or town attorney may prosecute such a case.\n\t\t\tUpon the prosecution of a person for a violation of this section, ownership or occupancy of the vehicle in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.\n\t\t\tAny person who violates this section is subject to a civil penalty of no more than $25. A violation of this section is a civil offence. Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to § 18.2-251.02. Violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204262,"text":"Any violation of this section shall be charged by summons. A summons for a violation of this section may be executed by a law-enforcement officer when such violation is observed by such officer. The summons used by a law-enforcement officer pursuant to this section shall be in form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to § 46.2-388. No court costs shall be assessed for violations of this section. A person’s criminal history record information as defined in § 9.1-101 shall not include records of any charges or judgments for a violation of this section, and records of such charges or judgments shall not be reported to the Central Criminal Records Exchange; however, such violation shall be reported to the Department of Motor Vehicles and shall be included on such individual’s driving record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204263,"text":"The procedure for appeal and trial of any violation of this section shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204264,"text":"The provisions of this section shall not apply to members of state, federal, 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","next_prefix":"E"},"4":{"id":204265,"text":"The provisions of this section involving marijuana in the form of cannabis products as that term is defined in § 4.1-1600 shall not apply to any person who possesses such cannabis product pursuant to a valid written certification issued by a practitioner in the course of his professional practice pursuant to § 4.1-1601 for treatment or to alleviate the symptoms of (i) the person’s diagnosed condition or disease, (ii) if such person is the parent or guardian of a minor or of a vulnerable adult as defined in § 18.2-369, such minor’s or vulnerable adult’s diagnosed condition or disease, or (iii) if such person has been designated as a registered agent pursuant to § 4.1-1601, the diagnosed condition or disease of his principal or, if the principal is the parent or legal guardian of a minor or of a vulnerable adult as defined in § 18.2-369, such minor’s or vulnerable adult’s diagnosed condition or disease.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's 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use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},{"id":68020,"structure_id":13626,"section_number":"46.2-341.3","catch_line":"Conflicts; supplement to driver licensing statutes","url":"\/46.2-341.3\/","token":"46.2\/II\/3\/6.1\/46.2-341.3","metadata":false},{"id":71918,"structure_id":13626,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.30\/","token":"46.2\/II\/3\/6.1\/46.2-341.30","metadata":false},{"id":78117,"structure_id":13626,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","url":"\/46.2-341.31\/","token":"46.2\/II\/3\/6.1\/46.2-341.31","metadata":false},{"id":77588,"structure_id":13626,"section_number":"46.2-341.32","catch_line":"Authority to enter into agreements","url":"\/46.2-341.32\/","token":"46.2\/II\/3\/6.1\/46.2-341.32","metadata":false},{"id":80768,"structure_id":13626,"section_number":"46.2-341.33","catch_line":"Repealed","url":"\/46.2-341.33\/","token":"46.2\/II\/3\/6.1\/46.2-341.33","metadata":false},{"id":80048,"structure_id":13626,"section_number":"46.2-341.34","catch_line":"Appeals","url":"\/46.2-341.34\/","token":"46.2\/II\/3\/6.1\/46.2-341.34","metadata":false},{"id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","metadata":false},{"id":66547,"structure_id":13626,"section_number":"46.2-341.5","catch_line":"Regulations consistent with Commercial Motor Vehicle Safety Act","url":"\/46.2-341.5\/","token":"46.2\/II\/3\/6.1\/46.2-341.5","metadata":false},{"id":77056,"structure_id":13626,"section_number":"46.2-341.6","catch_line":"Limitation on number of driver's licenses","url":"\/46.2-341.6\/","token":"46.2\/II\/3\/6.1\/46.2-341.6","metadata":false},{"id":81981,"structure_id":13626,"section_number":"46.2-341.7","catch_line":"Commercial driver's license required; penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":68384,"structure_id":13626,"section_number":"46.2-341.20:6","catch_line":"Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty","url":"\/46.2-341.20_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_6","metadata":false},"next_section":{"id":63743,"structure_id":13626,"section_number":"46.2-341.21","catch_line":"Driving while disqualified; penalties","url":"\/46.2-341.21\/","token":"46.2\/II\/3\/6.1\/46.2-341.21","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.20:7\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2022, chapters 259<\/a> and 642<\/a>; in 2023, chapters 740<\/a> and 773<\/a>.<\/p>","references":[{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"}],"refers_to":[{"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":70553,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"id":60834,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","order_by":null,"url":"\/19.2-260\/"},{"id":58467,"section_number":"4.1-1600","catch_line":"Definitions","order_by":null,"url":"\/4.1-1600\/"},{"id":63911,"section_number":"4.1-1601","catch_line":"Certification for use of cannabis for treatment","order_by":null,"url":"\/4.1-1601\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"id":54873,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","order_by":null,"url":"\/46.2-388\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":226721,"object_type":"law","relational_id":55736,"identifier":"46.2-341.20:7","token":"46.2\/II\/3\/6.1\/46.2-341.20_7","url":"\/46.2-341.20_7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.20_7\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_7","dublin_core":{"Title":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.20:7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person<\/span> to knowingly or intentionally possess marijuana in a commercial motor vehicle<\/span> as defined in § 46.2-341.4<\/a>. The attorney for the Commonwealth or the county, city, or town attorney may prosecute<\/span> such a case.\n\t\t\tUpon the prosecution<\/span> of a person<\/span> for a violation of this section, ownership or occupancy of the vehicle in which marijuana was found shall not create a presumption<\/span> that such person<\/span> either knowingly or intentionally possessed such marijuana.\n\t\t\tAny person<\/span> who violates this section is subject to a civil penalty<\/span> of no more than $25. A violation of this section is a civil offence. Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to § 18.2-251.02<\/a>. 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

B.<\/span> Any violation of this section shall be charged by summons<\/span>. A summons<\/span> for a violation of this section may be executed by a law<\/span>-enforcement officer<\/span> when such violation is observed by such officer. The summons<\/span> used by a law<\/span>-enforcement officer<\/span> pursuant to this section shall be in form the same as the uniform summons<\/span> for motor vehicle<\/span> law<\/span> violations as prescribed pursuant to § 46.2-388<\/a>. No court<\/span> costs shall be assessed for violations of this section. A person<\/span>’s criminal history record information as defined in § 9.1-101<\/a> shall not include records of any charges or judgments<\/span> for a violation of this section, and records of such charges or judgments<\/span> shall not be reported to the Central Criminal Records Exchange; however, such violation shall be reported to the Department<\/span> of Motor Vehicles<\/span> and shall be included on such individual’s driving record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The procedure for appeal<\/span> and trial<\/span> of any violation of this section shall be the same as provided by law<\/span> for misdemeanors<\/span>; if requested by either party<\/span> on appeal<\/span> to the circuit<\/span> court<\/span>, trial<\/span> by jury<\/span> shall be as provided in Article 4 (§ 19.2-260<\/a> et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section shall not apply to members of state<\/span>, federal, 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>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section involving marijuana in the form of cannabis products as that term is defined in § 4.1-1600<\/a> shall not apply to any person<\/span> who possesses such cannabis product pursuant to a valid written certification issued by a practitioner in the course of his professional practice pursuant to § 4.1-1601<\/a> for treatment or to alleviate the symptoms of (i) the person<\/span>’s diagnosed condition or disease, (ii) if such person<\/span> is the parent or guardian of a minor<\/span> or of a vulnerable adult as defined in § 18.2-369<\/a>, such minor<\/span>’s or vulnerable adult’s diagnosed condition or disease, or (iii) if such person<\/span> has been designated as a registered agent<\/span> pursuant to § 4.1-1601<\/a>, the diagnosed condition or disease of his principal or, if the principal is the parent or legal guardian of a minor<\/span> or of a vulnerable adult as defined in § 18.2-369<\/a>, such minor<\/span>’s or vulnerable adult’s diagnosed condition or disease. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSSESSION OF MARIJUANA IN COMMERCIAL MOTOR VEHICLE UNLAWFUL; CIVIL PENALTY (\u00a7\n46.2-341.20:7)\n\nA. It is unlawful for any person to knowingly or intentionally possess marijuana\nin a commercial motor vehicle as defined in § 46.2-341.4. The attorney for\nthe Commonwealth or the county, city, or town attorney may prosecute such a\ncase.\n\t\t\tUpon the prosecution of a person for a violation of this section, ownership\nor occupancy of the vehicle in which marijuana was found shall not create a\npresumption that such person either knowingly or intentionally possessed such\nmarijuana.\n\t\t\tAny person who violates this section is subject to a civil penalty of no more\nthan $25. A violation of this section is a civil offence. Any civil penalties\ncollected pursuant to this section shall be deposited into the Drug Offender\nAssessment and Treatment Fund established pursuant to § 18.2-251.02.\nViolations of this section by an adult shall be prepayable according to the\nprocedures in § 16.1-69.40:2.\n\nB. Any violation of this section shall be charged by summons. A summons for a\nviolation of this section may be executed by a law-enforcement officer when such\nviolation is observed by such officer. The summons used by a law-enforcement\nofficer pursuant to this section shall be in form the same as the uniform\nsummons for motor vehicle law violations as prescribed pursuant to §\n46.2-388. No court costs shall be assessed for violations of this section. A\nperson’s criminal history record information as defined in § 9.1-101\nshall not include records of any charges or judgments for a violation of this\nsection, and records of such charges or judgments shall not be reported to the\nCentral Criminal Records Exchange; however, such violation shall be reported to\nthe Department of Motor Vehicles and shall be included on such\nindividual’s driving record.\n\nC. The procedure for appeal and trial of any violation of this section shall be\nthe same as provided by law for misdemeanors; if requested by either party on\nappeal to the circuit court, trial by jury shall be as provided in Article 4\n(§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth\nshall be required to prove its case beyond a reasonable doubt.\n\nD. The provisions of this section shall not apply to members of state, federal,\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\nE. The provisions of this section involving marijuana in the form of cannabis\nproducts as that term is defined in § 4.1-1600 shall not apply to any\nperson who possesses such cannabis product pursuant to a valid written\ncertification issued by a practitioner in the course of his professional\npractice pursuant to § 4.1-1601 for treatment or to alleviate the symptoms\nof (i) the person’s diagnosed condition or disease, (ii) if such person is\nthe parent or guardian of a minor or of a vulnerable adult as defined in §\n18.2-369, such minor’s or vulnerable adult’s diagnosed condition or\ndisease, or (iii) if such person has been designated as a registered agent\npursuant to § 4.1-1601, the diagnosed condition or disease of his principal\nor, if the principal is the parent or legal guardian of a minor or of a\nvulnerable adult as defined in § 18.2-369, such minor’s or vulnerable\nadult’s diagnosed condition or disease.\n\nHISTORY: 2021, Sp. Sess. I, cc. 227, 228, 550, 551; 2022, cc. 259, 642; 2023,\ncc. 740, 773.","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}}