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Is it legal to sell marijuana in Virginia?

On Behalf of | Jun 10, 2023 | Drug Crimes

Marijuana laws and regulations vary from state to state, and it is essential to understand the legal consequences associated with selling marijuana in any jurisdiction. For example, there are various penalties for selling marijuana in Virginia.

In Virginia, the laws on marijuana have undergone significant changes in recent years. In 2021, the possession and private use of marijuana for individuals 21 years and older became legal. However, the legalization did not extend to the sale or distribution of marijuana.

Understanding marijuana laws

To better understand the penalties associated with selling marijuana, you need to know the legal statutes. Virginia classifies marijuana as a Schedule I controlled substance, indicating its high potential for abuse and lack of accepted medical use.

Therefore, the sale of marijuana can lead to severe legal consequences. The penalties for selling marijuana depend on various factors, including the quantity of marijuana involved, the presence of aggravating circumstances and the individual’s prior criminal record.

Penalties for selling marijuana

For a first offense, possessing marijuana with the intent to distribute less than one ounce is classified as a misdemeanor. This offense can result in a maximum penalty of one year in jail and a fine of up to $2,500.

However, when the quantity exceeds one ounce, the offense is considered a felony. Selling more than one ounce but less than five pounds of marijuana carries a potential prison sentence of up to ten years and a fine not exceeding $2,500.

Certain aggravating factors can significantly enhance the penalties for selling marijuana. These factors include:

  • Selling marijuana to minors
  • Selling near schools or public parks
  • Selling within a designated drug-free zone.

Subsequent offenses for selling marijuana carry even harsher penalties. If an individual is convicted of selling marijuana for the second or subsequent time, the punishment can be significantly increased, including longer prison sentences and larger fines.

It is important to note that each case is unique, and the specific penalties for selling marijuana may vary based on the circumstances surrounding the offense and the court’s discretion. Selling marijuana can carry significant legal penalties, ranging from fines to imprisonment, depending on the quantity involved and aggravating factors.

While the possession and private use of marijuana for individuals 21 and older is legal in Virginia, selling marijuana remains illegal and subject to strict enforcement. If you are facing charges, it’s a good idea to seek legal guidance to help protect your rights and your future.

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