From a legal perspective, Virginia is by far the 420-friendliest state in the South. Sure, there are more Floridians than Virginians who have gotten high every day since Dr. Dre’s The Chronic came out when they were in middle school, but Virginia is the only Southern state to decriminalize cannabis for adult recreational use on a state level. Meanwhile, cannabis laws in Virginia are confusing and complicated, as they are in other states, and cannabis-related bills make frequent appearances in the state legislature, so the possibility always remains that the law could change soon. Amidst all the changing regulations about cannabis and cannabis-like products, cannabis remains a Schedule I controlled substance. If you are facing legal trouble because of cannabis, or if you are wondering whether your latest 420-friendly plans are legal, contact a Clintwood criminal defense lawyer.
Virginia Cannabis Laws as of 2023
As of February 2023, it is legal for adults ages 21 and older to possess up to one ounce of marijuana and to possess up to four cannabis plants at home. Meanwhile, legislators have introduced bills that would implement the legal sale of cannabis, but these have failed to become law. Therefore, the only way to get weed legally in Virginia is to buy it from a medical cannabis dispensary, assuming you have a medical cannabis card, to grow it at home, or to buy it in a state that has legal cannabis sales. It is legal, however, to sell cannabidiol (CBD) and delta-8 in Virginia, and opportunities to buy these marijuana-like products legally are abundant.
So What if Delta-8 a Controlled Substance?
The tetrahydrocannabinol (THC) that makes the Cannabis sativa plant so sought after is called delta-9 THC. Delta-8 THC is a synthetic product derived from hemp, a plant related to but not identical to C. sativa. Delta-8 has such a similar effect to delta-9 THC that there have been robust discussions at the federal and state levels about whether to place delta-8 in the same legal category as marijuana.
Recently, the Drug Enforcement Agency (DEA) categorized delta-8 THC as a controlled substance. In practice, that will not change the availability of delta-8 in Virginia in the near future. Remember that, at the federal level, cannabis is a Schedule I controlled substance, which means that it is purely an illegal drug with no medical uses. Despite this, Virginia law allows the sale of medical cannabis and permits small quantities of cannabis for recreational use. By contrast, cocaine and fentanyl are Schedule II controlled substances because even though they are more dangerous than cannabis, they have at least one legally recognized medical application.
Contact Greg Baker Attorneys at Law PLLC About Drug Possession Cases
The lawyers at Greg Baker Attorneys at Law PLLC serve the southwestern Virginia community in criminal defense cases and other areas of the law. Contact Greg Baker Attorneys at Law PLLC in Clintwood, Virginia, to set up a consultation.
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