18.2-250.1 - Possession of marijuana unlawful. - Virginia Statutes

§ 18.2-250.1. Possession of marijuana unlawful.

A. It is unlawful for any person knowingly or intentionally to possessmarijuana unless the substance was obtained directly from, or pursuant to, avalid prescription or order of a practitioner while acting in the course ofhis professional practice, or except as otherwise authorized by the DrugControl Act (§ 54.1-3400 et seq.).

Upon the prosecution of a person for violation of this section, ownership oroccupancy of the premises or vehicle upon or in which marijuana was foundshall not create a presumption that such person either knowingly orintentionally possessed such marijuana.

Any person who violates this section shall be guilty of a misdemeanor, and beconfined in jail not more than thirty days and a fine of not more than $500,either or both; any person, upon a second or subsequent conviction of aviolation of this section, shall be guilty of a Class 1 misdemeanor.

B. The provisions of this section shall not apply to members of state,federal, county, city or town law-enforcement agencies, jail officers, orcorrectional officers, as defined in § 53.1-1, certified as handlers of dogstrained in the detection of controlled substances when possession ofmarijuana is necessary for the performance of their duties.

(1979, c. 435; 1991, c. 649; 1998, c. 116.)