                                 CODE OF VIRGINIA

USING OR CONSUMING MARIJUANA OR MARIJUANA PRODUCTS WHILE IN A MOTOR VEHICLE
BEING DRIVEN UPON A PUBLIC HIGHWAY; PENALTY (§ 4.1-1107)

A. For the purposes of this section:
			&#8220;Open container&#8221; means any vessel containing marijuana or
marijuana products, except the originally sealed manufacturer&#8217;s container.
			&#8220;Passenger area&#8221; means the area designed to seat the driver of
any motor vehicle, any area within the reach of the driver, including an
unlocked glove compartment, and the area designed to seat passengers.
&#8220;Passenger area&#8221; does not include the trunk of any passenger
vehicle; the area behind the last upright seat of a passenger van, station
wagon, hatchback, sport utility vehicle or any similar vehicle; the living
quarters of a motor home; or the passenger area of a motor vehicle designed,
maintained, or used primarily for the transportation of persons for
compensation, including a bus, taxi, or limousine, while engaged in the
transportation of such persons.

B. It is unlawful for any person to use or consume marijuana or marijuana
products while driving a motor vehicle upon a public highway of the Commonwealth
or while being a passenger in a motor vehicle being driven upon a public highway
of the Commonwealth.

C. A judge or jury may make a permissive inference that a person has consumed
marijuana or marijuana products in violation of this section if (i) an open
container is located within the passenger area of the motor vehicle, (ii) the
marijuana or marijuana products in the open container have been at least
partially removed and (iii) the appearance, conduct, speech, or other physical
characteristic of such person, excluding odor, is consistent with the
consumption of marijuana or marijuana products. Such person may be prosecuted
either in the county or city in which the marijuana was used or consumed, or in
the county or city in which the person exhibits evidence of physical indicia of
use or consumption of marijuana.

D. Any person who violates this section is guilty of a Class 4 misdemeanor.

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