                                 CODE OF VIRGINIA

POSSESSION OF MARIJUANA OR MARIJUANA PRODUCTS UNLAWFUL IN CERTAIN CASES; VENUE;
EXCEPTIONS; PENALTIES; TREATMENT AND EDUCATION PROGRAMS AND SERVICES (§
4.1-1105.1)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

HISTORY: 2021, Sp. Sess. I, cc. 550, 551.