                                 CODE OF VIRGINIA

POSSESSION OF MARIJUANA IN COMMERCIAL MOTOR VEHICLE UNLAWFUL; CIVIL PENALTY (§
46.2-341.20:7)

A. It is unlawful for any person to knowingly or intentionally possess marijuana
in a commercial motor vehicle as defined in &#xA7; 46.2-341.4. The attorney for
the Commonwealth or the county, city, or town attorney may prosecute such a
case.
			Upon 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.
			Any 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 &#xA7; 18.2-251.02.
Violations of this section by an adult shall be prepayable according to the
procedures in &#xA7; 16.1-69.40:2.

B. 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 &#xA7;
46.2-388. No court costs shall be assessed for violations of this section. A
person&#8217;s criminal history record information as defined in &#xA7; 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&#8217;s driving record.

C. 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
(&#xA7; 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. 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 &#xA7; 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. The provisions of this section involving marijuana in the form of cannabis
products as that term is defined in &#xA7; 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 &#xA7; 4.1-1601 for treatment or to alleviate the symptoms
of (i) the person&#8217;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 &#xA7;
18.2-369, such minor&#8217;s or vulnerable adult&#8217;s diagnosed condition or
disease, or (iii) if such person has been designated as a registered agent
pursuant to &#xA7; 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 &#xA7; 18.2-369, such minor&#8217;s or vulnerable
adult&#8217;s diagnosed condition or disease.

HISTORY: 2021, Sp. Sess. I, cc. 227, 228, 550, 551; 2022, cc. 259, 642; 2023,
cc. 740, 773.