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Marijuana Possession in 2021

by | Jul 15, 2021 | Drug Charges, Expungement |

With the endorsement of Governor Northam of S.B.1406, adults over the age of 21 may lawfully possess up to one ounce of marijuana or an equivalent amount of marijuana product. Possession in excess an ounce of marijuana will be punishable by a $25 civil penalty. Possession of more than five pounds of marijuana remains a felony, however it is now punishable by one to ten years imprisonment and a fine of up to $250,000.
A single household may grow up to 4 plants. Your marijuana plants cannot be visible to the public unless you are being spied upon by aircraft, binoculars, or some other special optical aid. If you choose to grow your own plants, you need to tag them with your name, driver’s license number or state issued identification number, and include some statement that you’re growing this plant for personal use.
There is a graduated punishment scheme for possessing too many marijuana plants: a civil penalty of $250 for possessing no more than 10 plants; a Class 3 Misdemeanor for a second offense; and a Class 2 Misdemeanor for a third and subsequent offense. Ten to 49 plants will get you a Class 1 Misdemeanor and 50 or more plants will get a felony.