Virginia Drug Crimes: Possession Or Distribution Of Cannabis Oil
In the Commonwealth of Virginia, it is generally a drug crime to possess or distribute marijuana or similar products, including cannabis oil. An exception is provided for approved medical and commercial uses, i.e., for people who have valid prescriptions and companies with proper authorization. While it is authorized under Virginia law, there are stringent rules in place for cannabis possession or distribution. Any person who disregards these rules can face misdemeanor or felony charges.
Possession/Distribution of Cannabis Oil at Public Schools
Code of Virginia Section 18.2-251.1:1 creates an exception to certain drug crimes for specific public-school employees. These public-school employees are exempt from prosecution for unlawful possession or distribution of cannabis oil if:
- The employee stores, dispenses, or administers cannabis oil to a student, in accordance with local school board policies; and
- The student has a valid prescription for the use of cannabis oil, in accordance with Code of Virginia Section 54.1-3408.3.
Possession/Distribution of Cannabis Oil at Nursing Homes
Code of Virginia Section 18.2-251.1:2 creates an exception to certain drug crimes for employees at nursing homes and similar establishments. More specifically, this section applies to employees working at:
- Nursing homes;
- Hospices;
- Hospice facilities; or
- Assisted living facilities.
The aforementioned employees are exempt from prosecution for unlawful possession or distribution of cannabis oil if:
- The employee stores, dispenses, or administers cannabis oil to a patient or resident; and
- The patient or resident has a valid prescription for the use of cannabis oil, in accordance with Code of Virginia Section 54.1-3408.3; and
- The patient or resident has registered with the Virginia Board of Pharmacy.
Possession/Distribution of Cannabis Oil at Laboratories
Code of Virginia Section 18.2-251.1:3 creates an exception to certain drug crimes for employees at analytical laboratories. These analytical laboratory employees are exempt from prosecution for unlawful possession or distribution of cannabis oil if:
- The analytical laboratory is authorized to retrieve, deliver, or possess cannabis oil from permitted sources; and
- The employee possesses, distributes, stores, or tests the cannabis oil, in accordance with the rules of the Virginia Board of Pharmacy and the Virginia Board of Agriculture and Consumer Services.
Penalties for Unlawful Possession/Distribution of Cannabis Oil
If any of the aforementioned employees fail to adhere to all requirements, they can face criminal charges for unlawful possession or distribution of cannabis oil.
The punishment for unlawful possession of cannabis oil appears under Code of Virginia Section 18.2-250.1. This offense is normally a civil offense with a maximum punishment of $25 in fines.
The punishment for unlawful distribution of cannabis oil appears under Code of Virginia Section 18.2-248.1. The quantity in question determines the punishment. For example, distribution of one ounce or less is Class 1 misdemeanor, but unlawful distribution of more than one ounce qualifies as a felony offense.
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