Bill Text: VA HB773 | 2024 | Regular Session | Prefiled
Bill Title: Marijuana; modifies criminal penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB773 Detail]
Download: Virginia-2024-HB773-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-511, 3.2-1010, 3.2-4113, 4.1-100, 4.1-352, 4.1-606, 4.1-1101, 4.1-1121, 4.1-1601, 4.1-1604, 5.1-13, 9.1-1101, 16.1-69.40:1, 16.1-260, 16.1-273, 16.1-278.9, 18.2-46.1, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.03, 18.2-251.1:1, 18.2-251.1:2, 18.2-251.1:3, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.012, 18.2-308.4, 18.2-460, 18.2-474.1, 19.2-66, 19.2-81.1, 19.2-83.1, 19.2-188.1, 19.2-303, 19.2-303.01, 19.2-386.22 through 19.2-386.25, 19.2-389.3, as it is currently effective and as it shall become effective, 19.2-392.02, 19.2-392.6, 22.1-277.08, 53.1-231.2, and 54.1-2903 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 4.1-1102 through 4.1-1106, 4.1-1111, 4.1-1113, 4.1-1114, 4.1-1115, 4.1-1117, 4.1-1118, and 4.1-1119 and by adding in Chapter 13 of Title 4.1 sections numbered 4.1-1300, 4.1-1301, and 4.1-1303 through 4.1-1310 as follows:
§2.2-511. Criminal cases.
A. Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§4.1-100 et seq.) or the Cannabis Control Act (§4.1-600 et seq.), (ii) violation of laws relating to elections and the electoral process as provided in §24.2-104, (iii) violation of laws relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws involving child pornography and sexually explicit visual material involving children, (vii) the practice of law without being duly authorized or licensed or the illegal practice of law, (viii) violations of § 3.2-4212 or 58.1-1008.2, (ix) with the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes Act (§18.2-152.1 et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law (§10.1-1300 et seq.), the Virginia Waste Management Act (§10.1-1400 et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§18.2-18 et seq.), 3 (§18.2-22 et seq.), and 10 (§18.2-434 et seq.) of Title 18.2, if such crimes relate to violations of law listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution to the local attorney for the Commonwealth, or he may institute proceedings by information, presentment or indictment, as appropriate, and conduct the same, (xiii) with the concurrence of the local attorney for the Commonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of §§18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of §18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the grounds of a state correctional facility, and (xvi) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of Article 10 (§18.2-246.6 et seq.) of Chapter 6 of Title 18.2.
In all other criminal cases in the circuit courts, except where the law provides otherwise, the authority of the Attorney General to appear or participate in the proceedings shall attach when the appellate court receives the record after a notice of appeal has been filed with the clerk of the circuit court noting an appeal to the Court of Appeals or the Supreme Court. In all criminal cases before the Court of Appeals or the Supreme Court in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court, unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the underlying criminal case files a notice of appearance to represent the Commonwealth in any such appeal. However, in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth on appeal.
B. The Attorney General shall, upon request of a person who was the victim of a crime and subject to such reasonable procedures as the Attorney General may require, ensure that such person is given notice of the filing, of the date, time and place and of the disposition of any appeal or habeas corpus proceeding involving the cases in which such person was a victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime; a spouse, child, parent or legal guardian of a minor or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide. Nothing in this subsection shall confer upon any person a right to appeal or modify any decision in a criminal, appellate or habeas corpus proceeding; abridge any right guaranteed by law; or create any cause of action for damages against the Commonwealth or any of its political subdivisions, the Attorney General or any of his employees or agents, any other officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.
§3.2-1010. Enforcement of chapter; summons.
Any conservation police officer or law-enforcement officer as defined in §9.1-101, excluding certain members of the Virginia Alcoholic Beverage Control Authority and the Virginia Cannabis Control Authority, may enforce the provisions of this chapter and the regulations adopted hereunder as well as those who are so designated by the Commissioner. Those designated by the Commissioner may issue a summons to any person who violates any provision of this chapter to appear at a time and place to be specified in such summons.
§3.2-4113. Production of industrial hemp lawful.
A. It is lawful for a grower, his agent, or a federally
licensed hemp producer to grow, a handler or his agent to handle, or a
processor or his agent to process industrial hemp in the Commonwealth for any
lawful purpose. No federally licensed hemp producer or grower or his agent
shall be prosecuted under Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or § 18.2-247,
18.2-248, 18.2-248.01, 18.2-248.1,
or 18.2-250 for the possession or growing of industrial hemp or any Cannabis
sativa with a tetrahydrocannabinol concentration that does not exceed the total
tetrahydrocannabinol concentration percentage established in federal
regulations applicable to negligent violations located at 7 C.F.R. §990.6(b)(3).
No handler or his agent or processor or his agent shall be prosecuted under
Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or § 18.2-247,
18.2-248, 18.2-248.01, 18.2-248.1,
or 18.2-250 or issued a summons or judgment for the possession, handling, or
processing of industrial hemp. In any complaint, information, or indictment,
and in any action or proceeding brought for the enforcement of any provision of
Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 or the Drug Control
Act (§54.1-3400 et seq.), it shall not be necessary to negate any exception,
excuse, proviso, or exemption contained in this article or the Drug Control
Act, and the burden of proof of any such exception, excuse, proviso, or
exemption shall be on the defendant.
B. Nothing in this article shall be construed to authorize any person to violate any federal law or regulation.
C. No person shall be prosecuted under Chapter 11 (§4.1-1100
et seq.) of Title 4.1 or § 18.2-247,
18.2-248, 18.2-248.01, 18.2-248.1,
or 18.2-250 for the involuntary growth of industrial hemp through the
inadvertent natural spread of seeds or pollen as a result of proximity to a
production field, handler's storage site, or process site.
§4.1-100. Definitions.
As used in this subtitle unless the context requires a different meaning:
"Alcohol" means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States.
"Alcoholic Beverage Control Act" means Subtitle I (§4.1-100 et seq.).
"Alcohol vaporizing device" means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.
"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.
"Arts venue" means a commercial or nonprofit establishment that is open to the public and in which works of art are sold or displayed.
"Authority" means the Virginia Alcoholic Beverage Control Authority created pursuant to this subtitle.
"Barrel" means any container or vessel having a capacity of more than 43 ounces.
"Bed and breakfast establishment" means any establishment (i) having no more than 15 bedrooms; (ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. For purposes of the licensing requirements of this subtitle, "bed and breakfast establishment" includes any property offered to the public for short-term rental, as that term is defined in §15.2-983, other than a hotel as defined in this section, regardless of whether a meal is offered to each person to whom overnight lodging is provided.
"Beer" means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.
"Board" means the Board of Directors of the Virginia Alcoholic Beverage Control Authority.
"Bottle" means any vessel intended to contain liquids and having a capacity of not more than 43 ounces.
"Bus" means a motor vehicle that (i) is operated by a common carrier licensed under Chapter 20 (§46.2-2000 et seq.) of Title 46.2 to transport passengers for compensation over the highways of the Commonwealth on regular or irregular routes of not less than 100 miles, (ii) seats no more than 24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless Internet services, (v) is equipped with charging stations at every seat for cellular phones or other portable devices, and (vi) during the transportation of passengers, is staffed by an attendant who has satisfied all training requirements set forth in this subtitle or Board regulation.
"Club" means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.
Any such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit corporation or association.
"Commercial lifestyle center" means a mixed-use commercial development covering a minimum of 10 acres of land and having at least 100,000 square feet of retail space featuring national specialty chain stores and a combination of dining, entertainment, office, residential, or hotel establishments located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners' association that is responsible for the management, maintenance, and operation of the common areas thereof.
"Container" means any barrel, bottle, carton, keg, vessel, or other receptacle used for holding alcoholic beverages.
"Contract winemaking facility" means the premises of a licensed winery or farm winery that obtains grapes, fruits, and other agricultural products from a person holding a winery or farm winery license and crushes, processes, ferments, bottles, or provides any combination of such services pursuant to an agreement with the winery or farm winery licensee. For all purposes of this subtitle, wine produced by a contract winemaking facility for a winery or farm winery shall be considered to be wine owned and produced by the winery or farm winery that supplied the grapes, fruits, or other agricultural products used in the production of the wine. The contract winemaking facility shall have no right to sell the wine so produced, unless the terms of payment have not been fulfilled in accordance with the contract. The contract winemaking facility may charge the winery or farm winery for its services. A winery licensee may utilize contract winemaking services only for the manufacture or processing of wine of which no less than 90 percent of the grapes, fruits, and other agricultural products used to make such wine are grown in the Commonwealth.
"Convenience grocery store" means an establishment that (i) has an enclosed room in a permanent structure where stock is displayed and offered for sale and (ii) maintains an inventory of edible items intended for human consumption consisting of a variety of such items of the types normally sold in grocery stores.
"Culinary lodging resort" means a facility (i) having not less than 13 overnight guest rooms in a building that has at least 20,000 square feet of indoor floor space; (ii) located on a farm in the Commonwealth with at least 1,000 acres of land zoned agricultural; (iii) equipped with a full-service kitchen; and (iv) offering to the public, for compensation, at least one meal per day, lodging, and recreational and educational activities related to farming, livestock, and other rural activities.
"Delicatessen" means an establishment that sells a variety of prepared foods or foods requiring little preparation, such as cheeses, salads, cooked meats, and related condiments.
"Designated area" means a room or area approved by the Board for on-premises licensees.
"Dining area" means a public room or area in which meals are regularly served.
"Drugstore" means an establishment that sells medicines prepared by a licensed pharmacist pursuant to a prescription and other medicines and items for home and general use.
"Establishment" means any place where alcoholic beverages of one or more varieties are lawfully manufactured, sold, or used.
"Farm winery" means (i) an establishment or cooperative located in the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the requirements set forth in §4.1-219, and (b) facilities for fermenting and bottling wine on the premises where such farm winery manufactures wine that contains not more than 21 percent alcohol by volume or (ii) an accredited public or private institution of higher education, provided that (a) no wine manufactured by the institution shall be sold, (b) the wine manufactured by the institution shall be used solely for research and educational purposes, (c) the wine manufactured by the institution shall be stored on the premises of such farm winery that shall be separate and apart from all other facilities of the institution, and (d) such farm winery is operated in strict conformance with the requirements of this clause (ii) and Board regulations. As used in this definition, the term "cooperative" means a cooperative formed by an association of individuals for the purpose of manufacturing wine. In determining whether a cooperative licensed as a farm winery has met the requirements set forth in clause (i), the Board shall consider all land in the Commonwealth that is owned or leased by a member of the cooperative. For purposes of this definition, "land zoned agricultural" means (1) land zoned as an agricultural district or classification or (2) land otherwise permitted by a locality for farm winery use. For purposes of this definition, "land zoned agricultural" does not include land zoned "residential conservation." Except for the limitation on land zoned "residential conservation," nothing in the definition of "land zoned agricultural" shall otherwise limit or affect local zoning authority.
"Gift shop" means any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items relating to history, original and handmade arts and products, collectibles, crafts, and floral arrangements, which is open to the public on a regular basis. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of wine or beer. Such shop may be located (i) on the premises or grounds of a government registered national, state or local historic building or site or (ii) within the premises of a museum. The Board shall consider the purpose, characteristics, nature, and operation of the shop in determining whether it shall be considered a gift shop.
"Gourmet brewing shop" means an establishment which sells to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such wine or beer.
"Gourmet oyster house" means an establishment that (i) is located on the premises of a commercial marina, (ii) is permitted by the Department of Health to serve oysters and other fresh seafood for consumption on the premises, and (iii) offers to the public events for the purpose of featuring and educating the consuming public about local oysters and other seafood products.
"Gourmet shop" means an establishment provided with adequate inventory, shelving, and storage facilities, where, in consideration of payment, substantial amounts of domestic and imported wines and beers of various types and sizes and related products such as cheeses and gourmet foods are habitually furnished to persons.
"Government store" means a store established by the Authority for the sale of alcoholic beverages.
"Grocery store" means an establishment that sells food and other items intended for human consumption, including a variety of ingredients commonly used in the preparation of meals.
"Historic cinema house" means a nonprofit establishment exempt from taxation under §501(c)(3) of the Internal Revenue Code that was built prior to 1970 and that exists for the primary purpose of showing motion pictures to the public.
"Hotel" means any duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms. It shall also mean the person who operates such hotel.
"Interdicted person" means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this subtitle.
"Internet wine and beer retailer" means a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where, in consideration of payment, Internet or telephone orders are taken and shipped directly to consumers and which establishment is not a retail store open to the public.
"Intoxicated" means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior.
"Licensed" means the holding of a valid license granted by the Authority.
"Licensee" means any person to whom a license has been granted by the Authority.
"Liqueur" means any of a class of highly flavored alcoholic beverages that do not exceed an alcohol content of 25 percent by volume.
"Low alcohol beverage cooler" means a drink containing one-half of one percent or more of alcohol by volume, but not more than seven and one-half percent alcohol by volume, and consisting of spirits mixed with nonalcoholic beverages or flavoring or coloring materials; it may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar products manufactured by fermenting fruit or fruit juices. Low alcohol beverage coolers shall be treated as wine for all purposes of this subtitle, except that low alcohol beverage coolers may be manufactured by a licensed distiller or a distiller located outside the Commonwealth.
"Marina store" means an establishment that is located on the same premises as a marina, is operated by the owner of such marina, and sells food and nautical and fishing supplies.
"Meals" means, for a mixed beverage license, an assortment of foods commonly ordered in bona fide, full-service restaurants as principal meals of the day. Such restaurants shall include establishments specializing in full course meals with a single substantial entree.
"Member of a club" means (i) a person who maintains his membership in the club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof or (ii) a person who is a member of a bona fide auxiliary, local chapter, or squadron composed of direct lineal descendants of a bona fide member, whether alive or deceased, of a national or international organization to which an individual lodge holding a club license is an authorized member in the same locality. It shall also mean a lifetime member whose financial contribution is not less than 10 times the annual dues of resident members of the club, the full amount of such contribution being paid in advance in a lump sum.
"Mixed beverage" or "mixed alcoholic beverage" means a drink composed in whole or in part of spirits.
"Mixer" means any prepackaged ingredients containing beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain alcohol. Such specialty beverage product shall be manufactured or distributed by a Virginia corporation.
"Municipal golf course" means any golf course that is owned by any town incorporated in 1849 and which is the county seat of Smyth County.
"Place or premises" means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the manufacture, bottling, distribution, use or sale of alcoholic beverages shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence.
"Principal stockholder" means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, five percent or more of the equity ownership of any person that is a licensee of the Authority, or who in concert with his spouse and immediate family members has the power to vote or cause the vote of five percent or more of any such equity ownership. "Principal stockholder" does not include a broker-dealer registered under the Securities Exchange Act of 1934, as amended, that holds in inventory shares for sale on the financial markets for a publicly traded corporation holding, directly or indirectly, a license from the Authority.
"Public place" means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.
"Public place" does not include (i) hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants licensed by the Authority in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed by the Board and on which alcoholic beverages are not sold.
"Residence" means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.
"Resort complex" means a facility (i) with a hotel owning year-round sports and recreational facilities located contiguously on the same property; (ii) owned by a nonstock, nonprofit, taxable corporation with voluntary membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public; or (iii) operated by a corporation that operates as a management company which, as its primary function, makes available (a) vacation accommodations, guest rooms, or dwelling units and (b) golf, ski, and other recreational facilities to members of the managed entities and the general public. The hotel or corporation shall have or manage a minimum of 140 private guest rooms or dwelling units contained on not less than 50 acres, whether or not contiguous to the licensed premises; if the guest rooms or dwelling units are located on property that is not contiguous to the licensed premises, such guest rooms and dwelling units shall be located within the same locality. The Authority may consider the purpose, characteristics, and operation of the applicant establishment in determining whether it shall be considered as a resort complex. All other pertinent qualifications established by the Board for a hotel operation shall be observed by such licensee.
"Restaurant" means, for a wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.
"Restaurant" means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.
"Sale" and "sell" includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages.
"Sangria" means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits.
"Special agent" means an employee of the Virginia Alcoholic Beverage Control Authority whom the Board has designated as a law-enforcement officer pursuant to §4.1-105.
"Special event" means an event sponsored by a duly organized nonprofit corporation or association and conducted for an athletic, charitable, civic, educational, political, or religious purpose.
"Spirits" means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.
"Wine" means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. "Wine" includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume.
"Wine cooler" means a drink containing one-half of one percent or more of alcohol by volume, and not more than three and two-tenths percent of alcohol by weight or four percent by volume consisting of wine mixed with nonalcoholic beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives and shall include other similar products manufactured by fermenting fruit or fruit juices. Wine coolers and similar fermented fruit juice beverages shall be treated as wine for all purposes except for taxation under §4.1-236.
"With or without meals" means the selling and serving of alcoholic beverages by retail licensees for on-premises consumption whether or not accompanied by food so long as the total food-beverage ratio required by §4.1-206.3, or the monthly food sale requirement established by Board regulation, is met by such retail licensee.
§4.1-352. Certificate of forensic scientist as evidence; requiring forensic scientist to appear.
The certificate of any forensic scientist employed by the
Commonwealth on behalf of the Board or the Department of Forensic Science, when
signed by him, shall be admissible as
evidence in all prosecutions for violations of this
subtitle and all controversies in any judicial proceedings touching the mixture
analyzed by him of the facts therein stated
and of the results of such analysis (i) in any criminal proceeding, provided
the requirements of subsection A of §19.2-187.1 have been satisfied and the
accused has not objected to the admission of the certificate pursuant to
subsection B of §19.2-187.1 or (ii) in any civil proceeding.
On motion of the accused or any party in interest, the court may require the
forensic scientist making the analysis to appear as a witness and be subject to
cross-examination, provided such motion is made within a reasonable time prior
to the day on which the case is set for trial.
§4.1-606. Regulations of the Board.
A. The Board may promulgate reasonable regulations, not inconsistent with this subtitle or the general laws of the Commonwealth, that it deems necessary to carry out the provisions of this subtitle and to prevent the illegal cultivation, manufacture, sale, and testing of marijuana and marijuana products. The Board may amend or repeal such regulations. Such regulations shall be promulgated, amended, or repealed in accordance with the Administrative Process Act (§2.2-4000 et seq.) and shall have the effect of law.
B. The Board shall promulgate regulations that:
1. Govern the outdoor cultivation of marijuana by a marijuana cultivation facility licensee, including security requirements to include lighting, physical security, and alarm requirements, provided that such requirements do not prohibit the cultivation of marijuana outdoors or in a greenhouse;
2. Establish requirements for securely transporting marijuana between marijuana establishments;
3. Establish sanitary standards for retail marijuana product preparation;
4. Establish a testing program for retail marijuana and retail marijuana products pursuant to Chapter 14 (§4.1-1400 et seq.);
5. Establish an application process for licensure as a marijuana establishment pursuant to this subtitle in a way that, when possible, prevents disparate impacts on historically disadvantaged communities;
6. Establish requirements for health and safety warning labels to be placed on retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this subtitle;
7. Establish a maximum tetrahydrocannabinol level for retail marijuana products, which shall not exceed (i) five milligrams per serving for edible marijuana products and where practicable an equivalent amount for other marijuana products or (ii) 50 milligrams per package for edible marijuana products and where practicable an equivalent amount for other marijuana products. Such regulations may include other product and dispensing limitations on tetrahydrocannabinol;
8. Establish requirements for the form, content, and retention of all records and accounts by all licensees;
9. Provide alternative methods for licensees to maintain and store business records that are subject to Board inspection, including methods for Board-approved electronic and offsite storage;
10. Establish (i) criteria by which to evaluate new licensees based on the density of retail marijuana stores in the community and (ii) metrics that have similarly shown an association with negative community-level health outcomes or health disparities. In promulgating such regulations, the Board shall coordinate with the Cannabis Public Health Advisory Council established pursuant to §4.1-603;
11. Require retail licensees to file an appeal from any hearing decision rendered by a hearing officer within 30 days of the date the notice of the decision is sent. The notice shall be sent to the licensee at the address on record with the Board by certified mail, return receipt requested, and by regular mail;
12. Prescribe the schedule of proration for refunded license fees to licensees who qualify pursuant to subsection C of §4.1-1002;
13. Establish criteria by which to evaluate social equity license applicants, which shall be an applicant who has lived or been domiciled for at least 12 months in the Commonwealth and is either (i) an applicant with at least 66 percent ownership by a person or persons who have been convicted of or adjudicated delinquent for any misdemeanor violation of former §18.2-248.1, former §18.2-250.1, or subsection A of §18.2-265.3 as it relates to marijuana; (ii) an applicant with at least 66 percent ownership by a person or persons who is the parent, child, sibling, or spouse of a person who has been convicted of or adjudicated delinquent for any misdemeanor violation of former §18.2-248.1, former §18.2-250.1, or subsection A of §18.2-265.3 as it relates to marijuana; (iii) an applicant with at least 66 percent ownership by a person or persons who have resided for at least three of the past five years in a jurisdiction that is determined by the Board after utilizing census tract data made available by the United States Census Bureau to have been disproportionately policed for marijuana crimes; (iv) an applicant with at least 66 percent ownership by a person or persons who have resided for at least three of the last five years in a jurisdiction determined by the Board after utilizing census tract data made available by the United States Census Bureau to be economically distressed; or (v) an applicant with at least 66 percent ownership by a person or persons who graduated from a historically black college or university located in the Commonwealth;
14. For the purposes of establishing criteria by which to evaluate social equity license applicants, establish standards by which to determine (i) which jurisdictions have been disproportionately policed for marijuana crimes and (ii) which jurisdictions are economically distressed;
15. Establish standards and requirements for (i) any preference in the licensing process for qualified social equity applicants, (ii) what percentage of application or license fees are waived for a qualified social equity applicant, and (iii) a low-interest business loan program for qualified social equity applicants;
16. Establish guidelines, in addition to requirements set forth in this subtitle, for the personal cultivation of marijuana that promote personal and public safety, including child protection, and discourage personal cultivation practices that create a nuisance, including a nuisance caused by odor;
17. Establish reasonable time, place, and manner restrictions on outdoor advertising of retail marijuana or retail marijuana products, not inconsistent with the provisions of this chapter, so that such advertising displaces the illicit market and notifies the public of the location of marijuana establishments. Such regulations shall be promulgated in accordance with § 4.1-1404;
18. Establish restrictions on the number of licenses that a person may be granted to operate a marijuana establishment in single locality or region; and
19. Establish restrictions on pharmaceutical processors and industrial hemp processors that have been granted a license in more than one license category pursuant to subsection C of §4.1-805 that ensure all licensees have an equal and meaningful opportunity to participate in the market. Such regulations may limit the amount of products cultivated or manufactured by the pharmaceutical processor or industrial hemp processor that such processor may offer for sale in its retail marijuana stores.
C. The Board may promulgate regulations that:
1. Limit the number of licenses issued by type or class to operate a marijuana establishment; however, the number of licenses issued shall not exceed the following limits:
a. Retail marijuana stores, 400;
b. Marijuana wholesalers, 25;
c. Marijuana manufacturing facilities, 60; and
d. Marijuana cultivation facilities, 450.
In determining the number of licenses issued pursuant to this subdivision, the Board shall not consider any license granted pursuant to subsection C of §4.1-805 to (i) a pharmaceutical processor that has been issued a permit by the Board of Pharmacy pursuant to Article 4.2 (§54.1-3442.5 et seq.) of the Drug Control Act or (ii) an industrial hemp processor registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§3.2-4112 et seq.) of Title 3.2.
2. Prescribe any requirements deemed appropriate for the administration of taxes under §§4.1-1003 and 4.1-1004, including method of filing a return, information required on a return, and form of payment.
3. Limit the allowable square footage of a retail marijuana store, which shall not exceed 1,500 square feet.
4. Allow certain persons to be granted or have interest in a license in more than one of the following license categories: marijuana cultivation facility license, marijuana manufacturing facility license, marijuana wholesaler license, or retail marijuana store license. Such regulations shall be drawn narrowly to limit vertical integration to small businesses and ensure that all licensees have an equal and meaningful opportunity to participate in the market.
D. Board regulations shall be uniform in their application, except those relating to hours of sale for licensees.
E. Courts shall take judicial notice of Board regulations.
F. The Board shall consult with the Cannabis Public Health Advisory Council in promulgating any regulations relating to public health, including regulations promulgated pursuant to subdivision B 3, 4, 6, 7, 10, or 16, and shall not promulgate any such regulation that has not been approved by a majority of the members of the Cannabis Public Health Advisory Council.
G. With regard to regulations governing licensees that have been issued a permit by the Board of Pharmacy to operate as a pharmaceutical processor or cannabis dispensing facility pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act, the Board shall make reasonable efforts (i) to align such regulations with any applicable regulations promulgated by the Board of Pharmacy that establish health, safety, and security requirements for pharmaceutical processors and cannabis dispensing facilities and (ii) to deem in compliance with applicable regulations promulgated pursuant to this subtitle such pharmaceutical processors and cannabis dispensing facilities that have been found to be in compliance with regulations promulgated by the Board of Pharmacy that mirror or are more extensive in scope than similar regulations promulgated pursuant to this subtitle.
H. The Board's power to regulate shall be broadly construed.
§4.1-1101. Home cultivation of marijuana for personal use; penalties.
A. Notwithstanding the
provisions of subdivision (c) of §18.2-248.1, a A person 21 years of age or older
may cultivate up to four marijuana plants for personal use at their place of
residence; however, at no point shall a household contain more than four
marijuana plants. For purposes of this section, a "household" means
those individuals, whether related or not, who live in the same house or other
place of residence.
A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence.
A violation of this subsection shall be punishable as follows:
1. For possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, and (iii) a Class 2 misdemeanor for a third and any subsequent offense;
2. For possession of more than 10 but no more than 49 marijuana plants, a Class 1 misdemeanor;
3. For possession of more than 49 but no more than 100 marijuana plants, a Class 6 felony; and
4. For possession of more than 100 marijuana plants, a felony punishable by a term of imprisonment of not less than one year nor more than 10 years or a fine of not more than $250,000, or both.
B. A person who cultivates marijuana for personal use pursuant to this section shall:
1. Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, or other optical aids;
2. Take precautions to prevent unauthorized access by persons younger than 21 years of age; and
3. Attach to each marijuana plant a legible tag that includes the person's name, driver's license or identification number, and a notation that the marijuana plant is being grown for personal use as authorized under this section.
Any person who violates this subsection is subject to a civil penalty of no more than $25. The penalty for any violations of this section by an adult shall be prepayable according to the procedures in §16.1-69.40:2.
C. A person shall not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a property or parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana within or on that property or land. A violation of this subsection is punishable as a Class 1 misdemeanor.
§4.1-1102. Illegal cultivation, processing, or manufacture of marijuana or marijuana products; conspiracy; penalties.
A. Except as otherwise provided by law, no person shall cultivate, process, or manufacture marijuana or marijuana products in the Commonwealth without being licensed under this subtitle to cultivate, process, or manufacture such marijuana or marijuana products.
B. Any person convicted of a violation of this section is guilty of a Class 6 felony.
C. If two or more persons conspire together to do any act that is in violation of subsection A, and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy is guilty of a Class 6 felony.
§4.1-1103. Illegal sale of marijuana or marijuana products in general; penalties.
A. For the purposes of this section, "adult sharing" means transferring marijuana between persons who are 21 years of age or older without remuneration. "Adult sharing" does not include instances in which (i) marijuana is given away contemporaneously with another reciprocal transaction between the same parties, (ii) a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services, or (iii) a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
B. If any person who is not licensed sells, gives, or distributes or possesses with intent to sell, give, or distribute any marijuana or marijuana products except as permitted by this chapter or provided in subsection C, he is guilty of a Class 2 misdemeanor.
A second or subsequent conviction under this section shall constitute a Class 1 misdemeanor.
C. No civil or criminal penalty may be imposed for adult sharing of an amount of marijuana that does not exceed two and one-half ounces or of an equivalent amount of marijuana products.
§4.1-1104. Persons to whom marijuana or marijuana products may not be sold; penalties.
A. No person shall, except as otherwise provided by law, sell, give, or distribute any marijuana or marijuana products to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) younger than 21 years of age or (ii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. It is unlawful for any person to sell or distribute, or possess with the intent to sell or distribute, marijuana paraphernalia to any person younger than 21 years of age. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
C. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of marijuana paraphernalia to persons younger than 21 years of age. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
D. Any person who sells, except as provided by law, any marijuana or marijuana products to an individual who is younger than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. Notwithstanding any other provisions of law, the Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.
E. No person shall be convicted of both subsections A and D for the same sale.
§4.1-1105. Purchasing of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; forfeiture; treatment and education programs and services; civil penalty.
A. No person to whom marijuana or marijuana products may not lawfully be sold under §4.1-1104 shall consume, purchase, or possess, or attempt to consume, purchase, or possess, any marijuana or marijuana products, except by any federal, state, or local law-enforcement officer or his agent when possession of marijuana or marijuana products is necessary in the performance of his duties, or any other person as otherwise provided by law. Such person may be prosecuted either in the county or city in which the marijuana or marijuana products were possessed or consumed or in the county or city in which the person exhibits evidence of physical indicia of consumption of marijuana or marijuana products.
B. Any person 18 years of age or older who violates subsection A is subject to a civil penalty of no more than $25 and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused.
C. Unless the juvenile is proceeded against informally pursuant to §16.1-260, any juvenile who violates subsection A is subject to a civil penalty of no more than $25 and the court shall require the accused to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. For purposes of §§16.1-266, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, the court shall treat the child as delinquent.
D. Any such substance abuse treatment or education program to which a juvenile is ordered pursuant to this section shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services or (ii) a similar program available through a facility or program operated by or under contract with the Department of Juvenile Justice or a locally operated court services unit or a program funded through the Virginia Juvenile Community Crime Control Act (§16.1-309.2 et seq.). Any such substance abuse treatment or education program to which a person 18 years of age or older is ordered pursuant to this section shall be provided by (a) a program licensed by the Department of Behavioral Health and Developmental Services or (b) a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services agency, the local community-based probation services agency shall be responsible for providing services or referring the offender to education or treatment services as a condition of probation.
E. Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to §18.2-251.02.
F. Any marijuana or marijuana product purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-1304.
G. Any retail marijuana store licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of §4.1-1104.
§4.1-1106. Purchasing retail marijuana or retail marijuana products for one to whom they may not be sold; penalties; forfeiture.
A. Any person who purchases retail marijuana or retail marijuana products for another person and at the time of such purchase knows or has reason to believe that the person for whom the retail marijuana or retail marijuana products were purchased was intoxicated is guilty of a Class 1 misdemeanor.
B. Any person who purchases for, or otherwise gives, provides, or assists in the provision of retail marijuana or retail marijuana products to, another person when he knows or has reason to know that such person is younger than 21 years of age, except by any federal, state, or local law-enforcement officer when possession of marijuana or marijuana products is necessary in the performance of his duties, is guilty of a Class 1 misdemeanor.
C. Any marijuana or marijuana products purchased in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with §4.1-1304.
§4.1-1111. Illegal importation, shipment, and transportation of marijuana or marijuana products; penalty.
A. No marijuana or marijuana products shall be imported, shipped, transported, or brought into the Commonwealth.
B. Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§4.1-1113. Maintaining common nuisances; penalties.
A. All houses, boathouses, buildings, club or fraternity or lodge rooms, boats, cars, and places of every description where marijuana or marijuana products are manufactured, processed, stored, sold, dispensed, given away, or used contrary to law, by any scheme or device whatsoever, shall be deemed common nuisances.
No person shall maintain, aid, abet, or knowingly associate with others in maintaining a common nuisance.
Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. In addition, after due notice and opportunity to be heard on the part of any owner or lessor not involved in the original offense, by a proceeding analogous to that provided in §§4.1-1304 and 4.1-1305 and upon proof of guilty knowledge, judgment may be given that such house, boathouse, building, boat, car, or other place, or any room or part thereof, be closed. The court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, or in violation of the provisions of this subtitle for a period of five years, turn the same over to its owner or lessor, or proceeding may be had in equity as provided in §4.1-1305.
C. In a proceeding under this section, judgment shall not be entered against the owner, lessor, or lienholder of the property unless it is proved that he (i) knew of the unlawful use of the property and (ii) had the right, because of such unlawful use, to enter and repossess the property.
§4.1-1114. Maintaining a fortified drug house; penalty.
Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, or building or structure of any kind that is (i) substantially altered from its original status by means of reinforcement with the intent to impede, deter, or delay lawful entry by a law-enforcement officer into such structure; (ii) being used for the purpose of illegally manufacturing, processing, or distributing marijuana; and (iii) the object of a valid search warrant shall be considered a fortified drug house. Any person who maintains or operates a fortified drug house is guilty of a Class 5 felony.
§4.1-1115. Disobeying subpoena; hindering conduct of hearing; penalty.
No person shall (i) fail or refuse to obey any subpoena issued by the Board, any Board member, or any agent authorized by the Board to issue such subpoena or (ii) hinder the orderly conduct and decorum of any hearing held and conducted by the Board, any Board member, or any agent authorized by the Board to hold and conduct such hearing.
Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§4.1-1117. Delivery of marijuana or marijuana products to prisoners; penalty.
No person shall deliver, or cause to be delivered, to any prisoner in any state, local, or regional correctional facility or any person committed to the Department of Juvenile Justice in any juvenile correctional center any marijuana or marijuana products.
Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§4.1-1118. Separation of plant resin by butane extraction; penalty.
A. No person shall separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure.
B. Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§4.1-1119. Attempts; aiding or abetting; penalty.
No person shall attempt to do any of the things prohibited by this subtitle or to aid or abet another in doing, or attempting to do, any of the things prohibited by this subtitle.
On an indictment, information, or warrant for the violation of this subtitle, the jury or the court may find the defendant guilty of an attempt, or being an accessory, and the punishment shall be the same as if the defendant were solely guilty of such violation.
§4.1-1121. Issuance of summonses for certain offenses; civil penalties.
Any violation under this subtitle that is subject to a civil penalty is a civil offense and, except in the case of a violation alleged to have been committed by a juvenile, in which case the juvenile shall be proceeded against pursuant to § 16.1-260, shall be charged by summons. A summons for a violation under this subtitle that is subject to a civil penalty may be executed by a law-enforcement officer when such violation is observed by such officer. The summons used by a law-enforcement officer pursuant to this section shall be in a form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to §46.2-388. Any civil penalties collected pursuant to this subtitle shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to §18.2-251.02.
§4.1-1300. Enjoining nuisances.
A. In addition to the penalties imposed by §4.1-1113, the Board, its special agents, the attorney for the Commonwealth, or any citizen of the county, city, or town where a common nuisance as defined in §4.1-1113 exists may maintain a suit in equity in the name of the Commonwealth to enjoin the common nuisance.
B. The courts of equity shall have jurisdiction, and in every case where the bill charges, on the knowledge or belief of the complainant, and is sworn to by two reputable citizens, that marijuana or marijuana products are cultivated, manufactured, stored, sold, dispensed, given away, or used in such house, building, or other place described in §4.1-1113 contrary to the laws of the Commonwealth, an injunction shall be granted as soon as the bill is presented to the court. The injunction shall enjoin and restrain the owners and tenants and their agents and employees, and any person connected with such house, building, or other place, and all persons whomsoever from cultivating, manufacturing, storing, selling, dispensing, giving away, or using marijuana or marijuana products on such premises. The injunction shall also restrain all persons from removing any marijuana or marijuana products then on such premises until the further order of the court. If the court is satisfied that the material allegations of the bill are true, although the premises complained of may not then be unlawfully used, it shall continue the injunction against such place for a period of time as the court deems proper. The injunction may be dissolved if a proper case is shown for dissolution.
§4.1-1301. Contraband marijuana or marijuana products and other articles subject to forfeiture.
A. All apparatus and materials for the cultivation or manufacture of marijuana or marijuana products, all marijuana or marijuana products and materials used in their manufacture, all containers in which marijuana or marijuana products may be found that are kept, stored, possessed, or in any manner used in violation of the provisions of this subtitle, and any dangerous weapons as described in § 18.2-308 that may be used or that may be found upon the person, or in any vehicle that such person is using, to aid such person in the unlawful cultivation, manufacture, transportation, or sale of marijuana or marijuana products, or found in the possession of such person, or any horse, mule, or other beast of burden or any wagon, automobile, truck, or vehicle of any nature whatsoever that is found in the immediate vicinity of any place where marijuana or marijuana products are being unlawfully manufactured and where such animal or vehicle is being used to aid in the unlawful manufacture, shall be deemed contraband and shall be forfeited to the Commonwealth.
B. Proceedings for the confiscation of the property in subsection A shall be in accordance with §4.1-1304 for all such property except motor vehicles, which proceedings shall be in accordance with Chapter 22.1 (§19.2-386.1 et seq.) of Title 19.2.
§4.1-1303. Search warrants.
A. If complaint on oath is made that marijuana or marijuana products are being cultivated, manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place in violation of law, the judge, magistrate, or other person having authority to issue criminal warrants, to whom such complaint is made, if satisfied that there is a probable cause for such belief, shall issue a warrant to search such house or other place for marijuana or marijuana products. Such warrants, except as herein otherwise provided, shall be issued, directed, and executed in accordance with the laws of the Commonwealth pertaining to search warrants.
B. Warrants issued under this subtitle for the search of any automobile, boat, conveyance, or vehicle, whether of like kind or not, or for the search of any article of baggage, whether of like kind or not, for marijuana or marijuana products may be executed in any part of the Commonwealth where they are overtaken and shall be made returnable before any judge within whose jurisdiction such automobile, boat, conveyance, vehicle, truck, or article of baggage, or any of them, was transported or attempted to be transported contrary to law.
§4.1-1304. Confiscation proceedings; disposition of forfeited articles.
A. All proceedings for the confiscation of articles, except motor vehicles, declared contraband and forfeited to the Commonwealth under this subtitle shall be as provided in this section.
B. Production of seized property. Whenever any article declared contraband under the provisions of this subtitle and required to be forfeited to the Commonwealth has been seized, with or without a warrant, by any officer charged with the enforcement of this subtitle, he shall produce the contraband article and any person in whose possession it was found. In those cases where no person is found in possession of such articles, the return shall so state and a copy of the warrant shall be posted on the door of the buildings or room where the articles were found, or if there is no door, then in any conspicuous place upon the premises.
In case of seizure of any item for any offense involving its forfeiture where it is impracticable to remove such item to a place of safe storage from the place where seized, the seizing officer may destroy such item only as necessary to prevent use of all or any part thereof. The destruction shall be in the presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction to be made to the Board. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, an estimate of the fair cash value of the item destroyed, and the materials remaining after such destruction. The report shall include a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever that the item was set up for use, or had been used in the unlawful cultivation or manufacture of marijuana, and that it was impracticable to remove such apparatus to a place of safe storage.
In case of seizure of any quantity of marijuana or marijuana products for any offense involving forfeiture of the same, the seizing officer may destroy them to prevent the use of all or any part thereof for the purpose of unlawful cultivation or manufacture of marijuana or marijuana products or any other violation of this subtitle. The destruction shall be in the presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction to be made to the Board. The report shall set forth the grounds of the claim of forfeiture, the reasons for seizure and destruction, and a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever that the marijuana or marijuana products were intended for use in the unlawful cultivation or manufacture of marijuana or marijuana products or were intended for use in violation of this subtitle.
C. Hearing and determination. Upon the return of the warrant as provided in this section, the court shall fix a time not less than 10 days, unless waived by the accused in writing, and not more than 30 days thereafter, for the hearing on such return to determine whether or not the articles seized, or any part thereof, were used or in any manner kept, stored, or possessed in violation of this subtitle.
At such hearing, if no claimant appears, the court shall declare the articles seized forfeited to the Commonwealth and, if such articles are not necessary as evidence in any pending prosecution, shall turn them over to the Board. Any person claiming an interest in any of the articles seized may appear at the hearing and file a written claim setting forth particularly the character and extent of his interest. The court shall certify the warrant and the articles seized along with any claim filed to the circuit court to hear and determine the validity of such claim.
If the evidence warrants, the court shall enter a judgment of forfeiture and order the articles seized to be turned over to the Board. Action under this section and the forfeiture of any articles hereunder shall not be a bar to any prosecution under any other provision of this subtitle.
D. Disposition of forfeited articles. Any articles forfeited to the Commonwealth and turned over to the Board in accordance with this section shall be destroyed or sold by the Board as it deems proper. The net proceeds from such sales shall be paid into the Literary Fund.
If the Board believes that any foodstuffs forfeited to the Commonwealth and turned over to the Board in accordance with this section are usable, should not be destroyed, and cannot be sold or whose sale would be impractical, it may give such foodstuffs to any institution in the Commonwealth and shall prefer a gift to the local jail or other local correctional facility in the jurisdiction where seizure took place. A record shall be made showing the nature of the foodstuffs and amount given, to whom given, and the date when given and shall be kept in the offices of the Board.
§4.1-1305. Search and seizure of conveyances or vehicles used in violation of law; arrests.
A. When any officer charged with the enforcement of the cannabis control laws of the Commonwealth has reason to believe that marijuana or marijuana products illegally acquired, or being illegally transported, are in any conveyance or vehicle of any kind, either on land or on water, except a conveyance or vehicle owned or operated by a railroad, express, sleeping, or parlor car or a steamboat company, other than barges, tugs, or small craft, he shall obtain a search warrant and search such conveyance or vehicle. If illegally acquired marijuana or marijuana products or marijuana or marijuana products being illegally transported in amounts in excess of two and one-half ounces of marijuana, 16 ounces of solid marijuana product, or 72 ounces of liquid marijuana product, the officer shall seize the marijuana or marijuana product, seize and take possession of such conveyance or vehicle, and deliver them to the chief law-enforcement officer of the locality in which such seizure was made, taking his receipt therefor in duplicate.
B. The officer making such seizure shall forthwith report in writing such seizure and arrest to the attorney for the Commonwealth for the county or city in which the seizure and arrest were made.
§4.1-1306. Contraband marijuana or marijuana products.
Marijuana or marijuana products seized pursuant to §4.1-1305 shall be deemed contraband and disposed of accordingly. Failure to maintain on a conveyance or vehicle a permit or other indicia of permission issued by the Board authorizing the transportation of marijuana or marijuana products within the Commonwealth when other Board regulations applicable to such transportation have been complied with shall not be cause for deeming such marijuana or marijuana products contraband.
§4.1-1307. Punishment for violations of title or regulations; bond.
A. Any person convicted of a misdemeanor under the provisions of this subtitle without specification as to the class of offense or penalty, or convicted of violating any other provision thereof, or convicted of violating any Board regulation is guilty of a Class 1 misdemeanor.
B. In addition to the penalties imposed by this subtitle for violations, any court before whom any person is convicted of a violation of any provision of this subtitle may require such defendant to execute bond based upon his ability to pay, with approved security, in the penalty of not more than $1,000, with the condition that the defendant will not violate any of the provisions of this subtitle for the term of one year. If any such bond is required and is not given, the defendant shall be committed to jail until it is given, or until he is discharged by the court, provided that he shall not be confined for a period longer than six months. If any such bond required by a court is not given during the term of the court by which conviction is had, it may be given before any judge or before the clerk of such court.
C. The provisions of this subtitle shall not prevent the Board from suspending, revoking, or refusing to continue the license of any person convicted of a violation of any provision of this subtitle.
D. No court shall hear such a case unless the respective attorney for the Commonwealth or his assistant has been notified that such a case is pending.
§4.1-1308. Witness not excused from testifying because of self-incrimination.
No person shall be excused from testifying for the Commonwealth as to any offense committed by another under this subtitle by reason of his testimony tending to incriminate him. The testimony given by such person on behalf of the Commonwealth when called as a witness for the prosecution shall not be used against him, and he shall not be prosecuted for the offense to which he testifies.
§4.1-1309. Previous convictions.
In any indictment, information, or warrant charging any person with a violation of any provision of this subtitle, it may be alleged and evidence may be introduced at the trial of such person to prove that such person has been previously convicted of a violation of this subtitle.
§4.1-1310. Certificate of forensic scientist as evidence; requiring forensic scientist to appear.
The certificate of any forensic scientist employed by the Commonwealth on behalf of the Board or the Department of Forensic Science, when signed by him, shall be admissible as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of §19.2-187.1 or (ii) in any civil proceeding. On motion of the accused or any party in interest, the court may require the forensic scientist making the analysis to appear as a witness and be subject to cross-examination, provided such motion is made within a reasonable time prior to the day on which the case is set for trial.
§4.1-1601. Certification for use of cannabis for treatment.
A. A practitioner in the course of his professional practice may issue a written certification for the use of cannabis products for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. The practitioner shall use his professional judgment to determine the manner and frequency of patient care and evaluation and may employ the use of telemedicine, provided that the use of telemedicine includes the delivery of patient care through real-time interactive audiovisual technology. No practitioner may issue a written certification while such practitioner is on the premises of a pharmaceutical processor or cannabis dispensing facility. A pharmaceutical processor shall not endorse or promote any practitioner who issues certifications to patients. If a practitioner determines it is consistent with the standard of care to dispense botanical cannabis to a minor, the written certification shall specifically authorize such dispensing. If not specifically included on the initial written certification, authorization for botanical cannabis may be communicated verbally or in writing to the pharmacist at the time of dispensing. A practitioner who issues written certifications shall not directly or indirectly accept, solicit, or receive anything of value from a pharmaceutical processor, cannabis dispensing facility, or any person associated with a pharmaceutical processor, cannabis dispensing facility, or provider of paraphernalia, excluding information on products or educational materials on the benefits and risks of cannabis products.
B. The written certification shall be on a form provided by the Authority. Such written certification shall contain the name, address, and telephone number of the practitioner, the name and address of the patient issued the written certification, the date on which the written certification was made, and the signature or authentic electronic signature of the practitioner. Such written certification issued pursuant to subsection A shall expire one year after its issuance unless the practitioner provides in such written certification an earlier expiration. A written certification shall not be issued to a patient by more than one practitioner during any given time period.
C. No practitioner shall be prosecuted under Chapter 11 (§4.1-1100 et seq.) or
§18.2-248 or 18.2-248.1 for the issuance
of a certification for the use of cannabis products for the treatment or to
alleviate the symptoms of a patient's diagnosed condition or disease pursuant
to a written certification issued pursuant to subsection A. Nothing in this
section shall preclude a practitioner's professional licensing board from
sanctioning the practitioner for failing to properly evaluate or treat a
patient's medical condition or otherwise violating the applicable standard of
care for evaluating or treating medical conditions.
D. A practitioner who issues a written certification to a patient pursuant to this section (i) shall hold sufficient education and training to exercise appropriate professional judgment in the certification of patients; (ii) shall not offer a discount or any other thing of value to a patient or a patient's parent, guardian, or registered agent that is contingent on or encourages the person's decision to use a particular pharmaceutical processor or cannabis product; (iii) shall not issue a certification to himself or his family members, employees, or coworkers; (iv) shall not provide product samples containing cannabis other than those approved by the U.S. Food and Drug Administration; and (v) shall not accept compensation from a pharmaceutical processor or cannabis dispensing facility. The Board shall not limit the number of patients to whom a practitioner may issue a written certification. The Board may report information to the applicable licensing board on unusual patterns of certifications issued by a practitioner.
E. No patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor or cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or cannabis dispensing facility maintains an electronic copy of the written certification. Pharmaceutical processors and cannabis dispensing facilities shall electronically transmit on a monthly basis all new written certifications received by the pharmaceutical processor or cannabis dispensing facility to the Authority.
F. A patient, or, if such patient is a minor or a vulnerable adult as defined in §18.2-369, such patient's parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving cannabis products pursuant to a valid written certification. Such designated individual shall register with the Board unless the individual's name listed on the patient's written certification. An individual may, on the basis of medical need and in the discretion of the patient's registered practitioner, be listed on the patient's written certification upon the patient's request. The Board may set a limit on the number of patients for whom any individual is authorized to act as a registered agent.
G. Upon delivery of a cannabis product by a pharmaceutical processor or cannabis dispensing facility to a designated caregiver facility, any employee or contractor of a designated caregiver facility who is licensed or registered by a health regulatory board and who is authorized to possess, distribute, or administer medications may accept delivery of the cannabis product on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the cannabis product to the patient or resident as necessary.
H. Information obtained under the patient certification or agent registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a patient, or (v) a patient's registered agent, but only with respect to information related to such patient.
§4.1-1604. Criminal liability; exceptions.
No agent or employee of a pharmaceutical processor or cannabis
dispensing facility shall be prosecuted under Chapter 11 (§4.1-1100 et seq.)
or §18.2-248, 18.2-248.1, or 18.2-250 for
possession or manufacture of marijuana or for possession, manufacture, or
distribution of cannabis products, subject to any civil penalty, denied any
right or privilege, or subject to any disciplinary action by a professional
licensing board if such agent or employee (i) possessed or manufactured such
marijuana for the purposes of producing cannabis products in accordance with
the provisions of this chapter and Board regulations or (ii) possessed,
manufactured, or distributed such cannabis products that are consistent with
generally accepted cannabis industry standards in accordance with the
provisions of this chapter and Board regulations.
§5.1-13. Operation of aircraft while under influence of intoxicating liquors or drugs; reckless operation.
Any person who shall operate any aircraft within the airspace
over, above, or
upon the lands or waters of this the Commonwealth, while under
the influence of intoxicating liquor or of any narcotic or
marijuana or any habit-forming drugs shall
be is
guilty of a felony and shall be confined in a state correctional facility not
less than one nor more than five years, or, in the discretion of the court or
jury trying the case, be confined in jail not exceeding
twelve 12
months and fined not exceeding $500, or both such fine and imprisonment.
Any person who shall operate any aircraft within the airspace
over, above, or
upon the lands or waters of this the Commonwealth carelessly or
heedlessly in willful or wanton disregard of the rights or safety of others, or
without due caution and circumspection and in a manner so as to endanger any
person or property, shall be is guilty of a misdemeanor.
§9.1-1101. Powers and duties of the Department.
A. It shall be the responsibility of the Department to provide forensic laboratory services upon request of the Superintendent of State Police; the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners; any attorney for the Commonwealth; any chief of police, sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him; any local fire department; the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by §9.1-101; or any state agency in any criminal matter. The Department shall provide such services to any federal investigatory agency within available resources.
B. The Department shall:
1. Provide forensic laboratory services to all law-enforcement agencies throughout the Commonwealth and provide laboratory services, research, and scientific investigations for agencies of the Commonwealth as needed;
2. Establish and maintain a DNA testing program in accordance
with Article 1.1 (§19.2-310.2 et seq.) of Chapter 18 of Title 19.2 to
determine identification characteristics specific to an individual; and
3. Test the accuracy of equipment used to test the blood alcohol content of breath at least once every six months. Only equipment found to be accurate shall be used to test the blood alcohol content of breath; and
4. Determine the proper methods for detecting the concentration of tetrahydrocannabinol (THC) in substances for the purposes of Chapter 11 (§4.1-1100 et seq.) of Title 4.1 and §§54.1-3401 and 54.1-3446. The testing methodology shall use post-decarboxylation testing or other equivalent method and shall consider the potential conversion of tetrahydrocannabinol acid (THC-A) into THC. The test result shall include the total available THC derived from the sum of the THC and THC-A content.
C. The Department shall have the power and duty to:
1. Receive, administer, and expend all funds and other assistance available for carrying out the purposes of this chapter;
2. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth; and
3. Perform such other acts as may be necessary or convenient for the effective performance of its duties.
D. The Director may appoint and employ a deputy director and such other personnel as are needed to carry out the duties and responsibilities conferred by this chapter.
§16.1-69.40:1. Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances.
A. The Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the traffic infractions for which a pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such designated infractions shall include violations of §§ 46.2-830.1, 46.2-878.2 and 46.2-1242 or any parallel local ordinances. Notwithstanding any rule of the Supreme Court, a person charged with a traffic offense that is listed as prepayable in the Uniform Fine Schedule may prepay his fines and costs without court appearance whether or not he was involved in an accident. The prepayable fine amount for a violation of §46.2-878.2 shall be $200 plus an amount per mile-per-hour in excess of posted speed limits, as authorized in §46.2-878.3.
Such infractions shall not include:
1. Indictable offenses;
2. [Repealed.]
3. Operation of a motor vehicle while under the influence of
intoxicating liquor, marijuana,
or a narcotic or habit-producing drug, or permitting another person, who is under the influence of
intoxicating liquor, marijuana,
or a narcotic or habit-producing drug, to operate a motor vehicle owned by the
defendant or in his custody or control;
4. Reckless driving;
5. Leaving the scene of an accident;
6. Driving while under suspension or revocation of driving privileges;
7. Driving without being licensed to drive.
8. [Repealed.]
B. An appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and a plea of guilty and pay the fine and any civil penalties established for the offense charged, with costs. He shall, prior to the plea, waiver, and payment, be informed of his right to stand trial, that his signature to a plea of guilty will have the same force and effect as a judgment of court, and that the record of conviction will be sent to the Commissioner of the Department of Motor Vehicles.
C. The Supreme Court, upon the recommendation of the Committee on District Courts, shall establish a schedule, within the limits prescribed by law, of the amounts of fines and any civil penalties to be imposed, designating each infraction specifically. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the Commonwealth. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. The rule of the Supreme Court establishing the schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.
D. Fines imposed under local traffic infraction ordinances that do not parallel provisions of state law and fulfill the criteria set out in subsection A may be prepayable in the manner set forth in subsection B if such ordinances appear in a schedule entered by order of the local circuit courts. The chief judge of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances, to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within 10 days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which from time to time may be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.
§16.1-260. Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in §16.1-259. The form and content of the petition shall be as provided in §16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests, and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk; (ii) designated nonattorney employees of the Department of Social Services may complete, sign, and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause; and (iv) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement. If a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services.
B. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of §19.2-3.1.
When the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to §16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.
An intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent only if the juvenile (a) is not alleged to have committed a violent juvenile felony or (b) has not previously been proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult. A petition alleging that a juvenile committed a violent juvenile felony shall be filed with the court. A petition alleging that a juvenile is delinquent for an offense that would be a felony if committed by an adult shall be filed with the court if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense that would be a felony if committed by an adult.
If a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with §22.1-258 and the attendance officer has provided documentation to the intake officer that the relevant school division has complied with the provisions of §22.1-258, then the intake officer shall file a petition with the court. The intake officer may defer filing the petition and proceed informally by developing a truancy plan, provided that (1) the juvenile has not previously been proceeded against informally or adjudicated in need of supervision on more than two occasions for failure to comply with compulsory school attendance as provided in §22.1-254 and (2) the immediately previous informal action or adjudication occurred at least three calendar years prior to the current complaint. The juvenile and his parent or parents, guardian, or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian, or other person standing in loco parentis participate in such programs, cooperate in such treatment, or be subject to such conditions and limitations as necessary to ensure the juvenile's compliance with compulsory school attendance as provided in §22.1-254. The intake officer may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit, and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to §2.2-5207. If at the end of the deferral period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer shall file the petition.
Whenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision, or delinquent, the intake officer shall (A) develop a plan for the juvenile, which may include restitution, the performance of community service, or on a complaint alleging that a child has committed a delinquent act other than an act that would be a felony or a Class 1 misdemeanor if committed by an adult and with the consent of the juvenile's parent or legal guardian, referral to a youth justice diversion program established pursuant to §16.1-309.11, based upon community resources and the circumstances which resulted in the complaint, (B) create an official record of the action taken by the intake officer and file such record in the juvenile's case file, and (C) advise the juvenile and the juvenile's parent, guardian, or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to §16.1-241, or in the case of a referral to a youth justice diversion program established pursuant to §16.1-309.11, that any subsequent report from the youth justice diversion program alleging that the juvenile failed to comply with the youth justice diversion program's sentence within 180 days of the sentencing date, may result in the filing of a petition with the court.
C. The intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law, (iii) a child or such child's parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law, (iv) family abuse has occurred and a protective order is being sought pursuant to §16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or threat has occurred, a protective order is being sought pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to §16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a protective order pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10.
D. Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.
E. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, when such refusal is based solely upon a finding that no probable cause exists, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. The application for a warrant to the magistrate shall be filed within 10 days of the issuance of the written notification. The written notification shall indicate that the intake officer made a finding that no probable cause exists and shall provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The complainant shall provide the magistrate with a copy of the written notification upon application to the magistrate. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in §16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony when such refusal is based upon a finding that (i) probable cause exists, but that (ii) the matter is appropriate for diversion, his decision is final and the complainant shall not have a right to apply to a magistrate for a warrant.
Upon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of §16.1-256, the intake officer shall accept and file a petition founded upon the warrant.
F. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
G. Notwithstanding the provisions of Article 12 (§16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:
1. A firearm offense pursuant to Article 4 (§18.2-279 et seq.), 5 (§18.2-288 et seq.), 6 (§18.2-299 et seq.), 6.1 (§18.2-307.1 et seq.), or 7 (§18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 Chapter
11 (§ 18.2-247 4.1-1100 et seq.) of Chapter 7 of
Title 18.2 4.1;
7. Arson and related crimes, pursuant to Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§18.2-89 through 18.2-93;
9. Robbery pursuant to §18.2-58;
10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;
11. Recruitment of other juveniles for a criminal street gang activity pursuant to §18.2-46.3;
12. An act of violence by a mob pursuant to §18.2-42.1;
13. Abduction of any person pursuant to §18.2-47 or 18.2-48; or
14. A threat pursuant to §18.2-60.
The failure to provide information regarding the school in which the student who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in §16.1-305.2.
H. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws, or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations, or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of §16.1-241.
3. In the case of a misdemeanor violation of § 4.1-1104, 18.2-266, 18.2-266.1, or 29.1-738 or the commission of any other alcohol-related offense, provided that the juvenile is released to the custody of a parent or legal guardian pending the initial court date. The officer releasing a juvenile to the custody of a parent or legal guardian shall issue a summons to the juvenile and shall also issue a summons requiring the parent or legal guardian to appear before the court with the juvenile. Disposition of the charge shall be in the manner provided in §16.1-278.8, 16.1-278.8:01, or 16.1-278.9. If the juvenile so charged with a violation of §18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood or breath or samples of both blood and breath for chemical analysis pursuant to §§18.2-268.1 through 18.2-268.12 or 29.1-738.2, the provisions of these sections shall be followed except that the magistrate shall authorize execution of the warrant as a summons. The summons shall be served on a parent or legal guardian and the juvenile, and a copy of the summons shall be forwarded to the court in which the violation is to be tried. When a violation of §4.1-305 or 4.1-1104 is charged by summons, the juvenile shall be entitled to have the charge referred to intake for consideration of informal proceedings pursuant to subsection B, provided that such right is exercised by written notification to the clerk not later than 10 days prior to trial. At the time such summons alleging a violation of §4.1-305 or 4.1-1104 is served, the officer shall also serve upon the juvenile written notice of the right to have the charge referred to intake on a form approved by the Supreme Court and make return of such service to the court. If the officer fails to make such service or return, the court shall dismiss the summons without prejudice.
4. In the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in §16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
I. Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.
§16.1-273. Court may require investigation of social history and preparation of victim impact statement.
A. When a juvenile and domestic relations district court or
circuit court has adjudicated any case involving a child subject to the
jurisdiction of the court hereunder, except for a traffic violation, a
violation of the game and fish law, or a violation of any city ordinance
regulating surfing or establishing curfew violations, the court before final
disposition thereof may require an investigation, which (i) shall include a
drug screening and (ii) may, and for the purposes of subdivision A 14 or 17 of
§16.1-278.8 shall, include a social history of the physical, mental, and social
conditions, including an assessment of any affiliation with a criminal street
gang as defined in §18.2-46.1, and personality of the child and the facts and
circumstances surrounding the violation of law. However, in the case of a
juvenile adjudicated delinquent on the basis of an act committed on or after
January 1, 2000, which would be (a) a felony if committed by an adult, or (b) a violation under
Article 1 (§18.2-247 et seq.) or Article 1.1 (§18.2-265.1 et seq.) of Chapter
7 of Title 18.2 and such offense would be punishable as a Class 1 or Class 2
misdemeanor if committed by an adult, or (c) a violation of §
4.1-1104, the court shall order the juvenile to undergo a
drug screening. If the drug screening indicates that the juvenile has a
substance abuse or dependence problem, an assessment shall be completed by a
certified substance abuse counselor as defined in §54.1-3500 employed by the
Department of Juvenile Justice or by a locally operated court services unit or
by an individual employed by or currently under contract to such agencies and
who is specifically trained to conduct such assessments under the supervision
of such counselor.
B. The court also shall, on motion of the attorney for the Commonwealth with the consent of the victim, or may in its discretion, require the preparation of a victim impact statement in accordance with the provisions of §19.2-299.1 if the court determines that the victim may have suffered significant physical, psychological, or economic injury as a result of the violation of law.
§16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy.
A. If a court has found facts which that would justify a finding
that a child at least 13 years of age at the time of the offense is delinquent
and such finding involves (i) a violation of §18.2-266 or of a similar
ordinance of any county, city, or town; (ii) a refusal to take a breath test in
violation of §18.2-268.2; (iii) a felony violation of Chapter 11 (§4.1-1100
et seq.) of Title 4.1 or §18.2-248,
18.2-248.1, or 18.2-250; (iv) a misdemeanor violation of
Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or §18.2-248,
18.2-248.1, or 18.2-250 or a
violation of §4.1-1105; (v) the unlawful purchase,
possession, or consumption of alcohol in violation of §4.1-305 or the unlawful
drinking or possession of alcoholic beverages in or on public school grounds in
violation of §4.1-309; (vi) public intoxication in violation of §18.2-388 or
a similar ordinance of a county, city, or town; (vii) the unlawful use or
possession of a handgun or possession of a "streetsweeper" as defined
below; or (viii) a violation of §18.2-83, the court shall order, in addition
to any other penalty that it may impose as provided by law for the offense,
that the child be denied a driver's license. In addition to any other penalty
authorized by this section, if the offense involves a violation designated
under clause (i) and the child was transporting a person 17 years of age or
younger, the court shall impose the additional fine and order community service
as provided in §18.2-270. If the offense involves a violation designated under
clause (i), (ii), (iii), or (viii), the denial of a driver's license shall be
for a period of one year or until the juvenile reaches the age of 17, whichever
is longer, for a first such offense or for a period of one year or until the
juvenile reaches the age of 18, whichever is longer, for a second or subsequent
such offense. If the offense involves a violation designated under clause (iv),
(v), or (vi) the denial of driving privileges shall be for a period of six
months unless the offense is committed by a child under the age of 16 years and
three months, in which case the child's ability to apply for a driver's license
shall be delayed for a period of six months following the date he reaches the
age of 16 and three months. If the offense involves a first violation
designated under clause (v) or (vi), the court shall impose the license
sanction and may enter a judgment of guilt or, without entering a judgment of
guilt, may defer disposition of the delinquency charge until such time as the
court disposes of the case pursuant to subsection F. If the offense involves a
violation designated under clause (iii) or (iv), the court shall impose the
license sanction and shall dispose of the delinquency charge pursuant to the
provisions of this chapter or §18.2-251. If the offense involves a violation
designated under clause (vii), the denial of driving privileges shall be for a
period of not less than 30 days, except when the offense involves possession of
a concealed handgun or a striker 12, commonly called a
"streetsweeper," or any semi-automatic folding stock shotgun of like
kind with a spring tension drum magazine capable of holding 12 shotgun shells,
in which case the denial of driving privileges shall be for a period of two
years unless the offense is committed by a child under the age of 16 years and
three months, in which event the child's ability to apply for a driver's
license shall be delayed for a period of two years following the date he
reaches the age of 16 and three months.
A1. If a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in §22.1-258, the court shall order the denial of the child's driving privileges for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child's ability to apply for a driver's license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months.
If the court finds a second or subsequent such offense, it may order the denial of a driver's license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child's ability to apply for a driver's license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate.
A2. If a court finds that a child at least 13 years of age has refused to take a blood test in violation of §18.2-268.2, the court shall order that the child be denied a driver's license for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense.
B. Any child who has a driver's license at the time of the offense or at the time of the court's finding as provided in subsection A1 or A2 shall be ordered to surrender his driver's license, which shall be held in the physical custody of the court during any period of license denial.
C. The court shall report any order issued under this section to the Department of Motor Vehicles, which shall preserve a record thereof. The report and the record shall include a statement as to whether the child was represented by or waived counsel or whether the order was issued pursuant to subsection A1 or A2. Notwithstanding the provisions of Article 12 (§16.1-299 et seq.) or the provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for the Commonwealth and courts. No other record of the proceeding shall be forwarded to the Department of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.
The Department of Motor Vehicles shall refuse to issue a driver's license to any child denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order of denial under subsection E.
D. If the finding as to the child involves a violation designated under clause (i), (ii), (iii) or (vi) of subsection A or a violation designated under subsection A2, the child may be referred to a certified alcohol safety action program in accordance with §18.2-271.1 upon such terms and conditions as the court may set forth. If the finding as to such child involves a violation designated under clause (iii), (iv), (v), (vii) or (viii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court may set forth.
The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver's license at the time of the offense or at the time of the court's finding as provided in subsection A1 or A2 for any of the purposes set forth in subsection E of §18.2-271.1 or for travel to and from school, except that no restricted license shall be issued for travel to and from home and school when school-provided transportation is available and no restricted license shall be issued if the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense designated in subsection A, a second finding by the court of failure to comply with school attendance and meeting requirements as provided in subsection A1, or a second or subsequent finding by the court of a refusal to take a blood test as provided in subsection A2. The issuance of the restricted permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of §46.2-301.
E. Upon petition made at least 90 days after issuance of the order, the court may review and withdraw any order of denial of a driver's license if for a first such offense or finding as provided in subsection A1 or A2. For a second or subsequent such offense or finding, the order may not be reviewed and withdrawn until one year after its issuance.
F. If the finding as to such child involves a first violation designated under clause (vii) of subsection A, upon fulfillment of the terms and conditions prescribed by the court and after the child's driver's license has been restored, the court shall or, in the event the violation resulted in the injury or death of any person or if the finding involves a violation designated under clause (i), (ii), (v), or (vi) of subsection A, may discharge the child and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill such terms and conditions shall result in an adjudication of guilt. If the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or §18.2-251. If the finding as to such child involves a second violation under clause (v), (vi) or (vii) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of under §16.1-278.8.
§18.2-46.1. Definitions.
As used in this article, unless the context requires a different meaning:
"Act of violence" means those felony offenses described in subsection C of §17.1-805 or subsection A of §19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of
violence; (ii) any violation of §18.2-42, 18.2-46.3, 18.2-56.1, 18.2-57,
18.2-57.2, 18.2-59, 18.2-83, 18.2-95, 18.2-103.1, 18.2-108.1, 18.2-121,
18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, 18.2-248.01,
18.2-248.03, 18.2-255, 18.2-255.2, 18.2-287.4, 18.2-300, 18.2-308.1,
18.2-308.2, 18.2-308.2:01, 18.2-308.4, or 18.2-357.1; (iii) a felony violation
of §18.2-60.3, 18.2-346.01, 18.2-348, or 18.2-349; (iv) a felony violation of
§4.1-1101, or
18.2-248, or 18.2-248.1 or a conspiracy
to commit a felony violation of §4.1-1101, or 18.2-248, or 18.2-248.1; (v) any
violation of a local ordinance adopted pursuant to §15.2-1812.2; or (vi) any
substantially similar offense under the laws of another state or territory of
the United States, the District of Columbia, or the United States.
§18.2-247. Use of terms "controlled substances," "Schedules I, II, III, IV, V, and VI," "imitation controlled substance," and "counterfeit controlled substance" in Title 18.2.
A. Wherever the terms "controlled substances" and "Schedules I, II, III, IV, V, and VI" are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§54.1-3400 et seq.).
B. The term "imitation controlled substance" when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:
1. Which by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or
2. Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the U.S. Food and Drug Administration.
C. In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an "imitation controlled substance," there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.
D. The term
"marijuana" when used in this article means any part of a plant of
the genus Cannabis, whether growing or not, its seeds or resin; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds, its resin, or any extract containing one or more cannabinoids.
"Marijuana" does not include (i) the mature stalks of such plant,
fiber produced from such stalk, oil or cake made from the seed of such plant,
unless such stalks, fiber, oil or cake is combined with other parts of plants
of the genus Cannabis; (ii) industrial hemp, as defined in §3.2-4112, that is
possessed by a person registered pursuant to subsection A of §3.2-4115 or his
agent; (iii) industrial hemp, as defined in §3.2-4112, that is possessed by a
person who holds a hemp producer license issued by the U.S. Department of
Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as defined in §
3.2-4112; (v) an industrial hemp extract, as defined in §3.2-5145.1; or (vi)
any substance containing a tetrahydrocannabinol isomer, ester, ether, salt or
salts of such isomer, ester, or ether that has been placed by the Board of
Pharmacy into one of the schedules set forth in the Drug Control Act (§
54.1-3400 et seq.) pursuant to §54.1-3443.
E. The term
"counterfeit controlled substance" means a controlled substance that,
without authorization, bears, is packaged in a container or wrapper that bears,
or is otherwise labeled to bear, the trademark, trade name, or other
identifying mark, imprint or device or any likeness thereof, of a drug
manufacturer, processor, packer, or distributor other than the manufacturer,
processor, packer, or distributor who did in fact so manufacture, process, pack
or distribute such drug.
F. E. The term
"tetrahydrocannabinol" means any naturally occurring or synthetic
tetrahydrocannabinol, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation and any preparation, mixture, or
substance containing, or mixed or infused with, any detectable amount of
tetrahydrocannabinol. For the purposes of this definition, "isomer"
means the optical, position, and geometric isomers.
G. F. The term "total
tetrahydrocannabinol" means the sum, after the application of any
necessary conversion factor, of the percentage by weight of
tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic
acid.
H. The Department of
Forensic Science shall determine the proper methods for detecting the
concentration of tetrahydrocannabinol in substances for the purposes of this
title, Chapter 11 (§4.1-1100 et seq.) of Title 4.1, and §54.1-3401. The
testing methodology shall use post-decarboxylation testing or other equivalent
method and shall consider the potential conversion of tetrahydrocannabinolic
acid into tetrahydrocannabinol.
§18.2-248. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties.
A. Except as authorized in the Drug Control Act (§54.1-3400
et seq.), it shall be is unlawful for any person to
manufacture, sell, give, distribute, or possess with intent to manufacture,
sell, give or distribute a controlled substance or an imitation controlled
substance.
B. In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court may consider, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, and it is alleged in the warrant, indictment, or information that the person has been before convicted of such an offense or of a substantially similar offense in any other jurisdiction, which offense would be a felony if committed in the Commonwealth, and such prior conviction occurred before the date of the offense alleged in the warrant, indictment, or information, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and he shall be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment or information that he has been before convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period of not less than 10 years, 10 years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and he shall be fined not more than $500,000.
Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable amount of heroin;
2. 500 grams or more of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation that contains any
quantity of any of the substances referred to in subdivisions 2a a
through 2c c;
3. 250 grams or more of a mixture or substance described in
subdivisions 2a 2 a through 2d d
that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.
The mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed in subsection C of §17.1-805;
b. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I; and
e. Not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
C1. Any person who violates this section with respect to the manufacturing of methamphetamine, its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall, upon conviction, be imprisoned for not less than 10 nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than 10 years, and be fined not more than $500,000. When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment, or information that he has been previously convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction, which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period not less than 10 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.
Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production. This restitution shall include the person's or his estate's estimated or actual expenses associated with cleanup, removal, or repair of the affected property. If the property that is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production is property owned in whole or in part by the person convicted, the court shall order the person to pay to the Methamphetamine Cleanup Fund authorized in § 18.2-248.04 the reasonable estimated or actual expenses associated with cleanup, removal, or repair of the affected property or, if actual or estimated expenses cannot be determined, the sum of $10,000. The convicted person shall also pay the cost of certifying that any building that is cleaned up or repaired pursuant to this section is safe for human occupancy according to the guidelines established pursuant to §32.1-11.7.
D. If such person proves that he gave, distributed or
possessed with intent to give or distribute a controlled substance classified
in Schedule I or II only as an accommodation to another individual who is not
an inmate in a community correctional facility, local correctional facility or
state correctional facility as defined in §53.1-1 or in the custody of an
employee thereof, and not with intent to profit thereby from any consideration
received or expected nor to induce the recipient or intended recipient of the
controlled substance to use or become addicted to or dependent upon such
controlled substance, he shall be is guilty of a Class 5 felony.
E. If the violation of the provisions of this article consists of the filling by a pharmacist of the prescription of a person authorized under this article to issue the same, which prescription has not been received in writing by the pharmacist prior to the filling thereof, and such written prescription is in fact received by the pharmacist within one week of the time of filling the same, or if such violation consists of a request by such authorized person for the filling by a pharmacist of a prescription which has not been received in writing by the pharmacist and such prescription is, in fact, written at the time of such request and delivered to the pharmacist within one week thereof, either such offense shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a
controlled substance classified in Schedule III except for an anabolic steroid
classified in Schedule III, constituting a violation of §18.2-248.5, shall be is
guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a
controlled substance classified in Schedule IV shall
be is
guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with the intent to give or distribute a controlled substance classified in Schedule III or IV, except for an anabolic steroid classified in Schedule III, constituting a violation of §18.2-248.5, only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in §53.1-1 or in the custody of an employee thereof, and not with the intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, is guilty of a Class 1 misdemeanor.
F. Any person who violates this section with respect to a
controlled substance classified in Schedule V or Schedule VI or an imitation
controlled substance which imitates a controlled substance classified in
Schedule V or Schedule VI, shall be is guilty of a Class 1
misdemeanor.
G. Any person who violates this section with respect to an
imitation controlled substance which imitates a controlled substance classified
in Schedule I, II, III, or IV shall be is guilty of a Class 6 felony.
In any prosecution brought under this subsection, it is not a defense to a
violation of this subsection that the defendant believed the imitation
controlled substance to actually be a controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2 which contains cocaine base; or
4. 100 kilograms or more of a
mixture or substance containing a detectable amount of
marijuana; or
5. 100
grams or more of methamphetamine, its salts, isomers, or salts of its isomers
or 200 grams or more of a mixture or substance containing a detectable amount
of methamphetamine, its salts, isomers, or salts of its isomers shall be is
guilty of a felony punishable by a fine of not more than $1 million and imprisonment
for 20 years to life, 20 years of which shall be a mandatory minimum sentence.
Such mandatory minimum sentence shall not be applicable if the court finds that
(i) the person does not have a prior conviction for an offense listed in
subsection C of §17.1-805; (ii) the person did not use violence or credible
threats of violence or possess a firearm or other dangerous weapon in
connection with the offense or induce another participant in the offense to do
so; (iii) the offense did not result in death or serious bodily injury to any
person; (iv) the person was not an organizer, leader, manager, or supervisor of
others in the offense, and was not engaged in a continuing criminal enterprise
as defined in subsection I of this section; and (v) not later than the time of
the sentencing hearing, the person has truthfully provided to the Commonwealth
all information and evidence the person has concerning the offense or offenses
that were part of the same course of conduct or of a common scheme or plan, but
the fact that the person has no relevant or useful other information to provide
or that the Commonwealth already is aware of the information shall not preclude
a determination by the court that the defendant has complied with this
requirement.
H1. Any person who was the principal or one of several
principal administrators, organizers or leaders of a continuing criminal
enterprise shall be is
guilty of a felony if (i) the enterprise received at least $100,000 but less
than $250,000 in gross receipts during any 12-month period of its existence
from the manufacture, importation, or distribution of heroin or cocaine or
ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of
isomers thereof or marijuana
or (ii) the person engaged in the enterprise to manufacture, sell, give,
distribute or possess with the intent to manufacture, sell, give or distribute
the following during any 12-month period of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base; or
4. At least 100 kilograms but
less than 250 kilograms of a mixture or substance containing a detectable
amount of marijuana; or
5. At
least 100 grams but less than 250 grams of methamphetamine, its salts, isomers,
or salts of its isomers or at least 200 grams but less than 1.0 kilograms of a
mixture or substance containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence.
H2. Any person who was the principal or one of several
principal administrators, organizers or leaders of a continuing criminal
enterprise if (i) the enterprise received $250,000 or more in gross receipts during
any 12-month period of its existence from the manufacture, importation, or
distribution of heroin or cocaine or ecgonine or methamphetamine or the
derivatives, salts, isomers, or salts of isomers thereof or
marijuana or (ii) the person engaged in the enterprise to
manufacture, sell, give, distribute or possess with the intent to manufacture,
sell, give or distribute the following during any 12-month period of its
existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base; or
4. At least 250 kilograms of a
mixture or substance containing a detectable amount of marijuana; or
5. At
least 250 grams of methamphetamine, its salts, isomers, or salts of its isomers
or at least 1.0 kilograms of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts of its isomers shall be is
guilty of a felony punishable by a fine of not more than $1 million and
imprisonment for life, which shall be served with no suspension in whole or in
part. Such punishment shall be made to run consecutively with any other
sentence. However, the court may impose a mandatory minimum sentence of 40
years if the court finds that the defendant substantially cooperated with
law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of this section, the punishment for which is a felony and either (ii) such violation is a part of a continuing series of violations of this section which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources or (iii) such violation is committed, with respect to methamphetamine or other controlled substance classified in Schedule I or II, for the benefit of, at the direction of, or in association with any criminal street gang as defined in §18.2-46.1.
J. Except as authorized in the Drug Control Act (§54.1-3400 et seq.), any person who possesses any two or more different substances listed below with the intent to manufacture methamphetamine, methcathinone, or amphetamine is guilty of a Class 6 felony: liquefied ammonia gas, ammonium nitrate, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers.
§18.2-248.01. Transporting controlled substances into the Commonwealth; penalty.
Except as authorized in the Drug Control Act (§54.1-3400 et
seq.), it is unlawful for any person
to transport into the Commonwealth by any means with intent to sell or
distribute one ounce or more of cocaine, coca leaves or any salt, compound,
derivative or preparation thereof as described in Schedule II of the Drug
Control Act or one ounce or more of any other Schedule I or II controlled
substance or five or more pounds of marijuana.
A violation of this section shall constitute a separate and distinct felony.
Upon conviction, the person shall be sentenced to not less than five years nor
more than 40 years imprisonment, three years of which shall be a mandatory
minimum term of imprisonment, and a fine not to exceed $1,000,000. A second or
subsequent conviction hereunder shall be punishable by a mandatory minimum term
of imprisonment of 10 years, which shall be served consecutively with any other
sentence.
§18.2-251. Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge.
Whenever any person who has not previously been convicted of
any criminal offense under this article or under any statute of the United
States or of any state relating to narcotic drugs,
marijuana, or stimulant, depressant, or hallucinogenic drugs,
or has not previously had a proceeding against him for violation of such an
offense dismissed as provided in this section, or pleads guilty to or enters a
plea of not guilty to possession of a controlled substance under §18.2-250,
the court, upon such plea if the facts found by the court would justify a
finding of guilt, without entering a judgment of guilt and with the consent of
the accused, may defer further proceedings and place him on probation upon
terms and conditions. If the court defers further proceedings, at that time the
court shall determine whether the clerk of court has been provided with the
fingerprint identification information or fingerprints of the person, taken by
a law-enforcement officer pursuant to §19.2-390, and, if not, shall order that
the fingerprints and photograph of the person be taken by a law-enforcement
officer.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to §18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and/or education program or services, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, by a similar program which is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to §9.1-174, or (iii) an ASAP program certified by the Commission on VASAP.
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or education program or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of community service for a misdemeanor. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of § 22.1-315. The provisions of this paragraph shall not be applicable to any offense for which a juvenile has had his license suspended or denied pursuant to §16.1-278.9 for the same offense.
§18.2-251.03. Arrest and prosecution when experiencing or reporting overdoses.
A. For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
B. No individual shall be subject to arrest or prosecution for
the unlawful purchase, possession, or consumption of alcohol pursuant to §
4.1-305, unlawful purchase, possession, or consumption of marijuana pursuant to
§ 4.1-1105.1 4.1-1104
or 4.1-1105, possession of a controlled substance pursuant
to §18.2-250, intoxication in public pursuant to §18.2-388, or possession of
controlled paraphernalia pursuant to §54.1-3466 if:
1. Such individual (i) in good faith, seeks or obtains emergency medical attention (a) for himself, if he is experiencing an overdose, or (b) for another individual, if such other individual is experiencing an overdose; (ii) is experiencing an overdose and another individual, in good faith, seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system; or (iii) in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention in accordance with this subdivision;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and
4. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention or rendering emergency care or assistance.
C. The provisions of this section shall not apply to any person who seeks or obtains emergency medical attention for himself or another individual, to a person experiencing an overdose when another individual seeks or obtains emergency medical attention for him, or to a person who renders emergency care or assistance to an individual experiencing an overdose while another person seeks or obtains emergency medical attention during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
D. This section does not establish protection from arrest or prosecution for any individual or offense other than those listed in subsection B.
E. No law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution under this section.
§18.2-251.1:1. Possession or distribution of cannabis oil; public schools.
No school nurse employed by a local school board, person
employed by a local health department who is assigned to the public school
pursuant to an agreement between the local health department and the school
board, or other person employed by or contracted with a local school board to
deliver health-related services shall be prosecuted under Chapter 11 (§
4.1-1100 et seq.) of Title 4.1 or §18.2-248, 18.2-248.1,
18.2-250, or 18.2-255 for the possession or distribution of cannabis oil for
storing, dispensing, or administering cannabis oil, in accordance with a policy
adopted by the local school board, to a student who has been issued a valid
written certification for the use of cannabis oil in accordance with §
4.1-1601.
§18.2-251.1:2. Possession or distribution of cannabis oil; nursing homes and certified nursing facilities; hospice and hospice facilities; assisted living facilities.
No person employed by a nursing home, hospice, hospice
facility, or assisted living facility and authorized to possess, distribute, or
administer medications to patients or residents shall be prosecuted under
Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or §18.2-248,
18.2-248.1, or 18.2-250 for the possession or distribution
of cannabis oil for the purposes of storing, dispensing, or administering
cannabis oil to a patient or resident who has been issued a valid written
certification for the use of cannabis oil in accordance with §4.1-1601.
§18.2-251.1:3. Possession or distribution of cannabis oil, or industrial hemp; laboratories; Department of Agriculture and Consumer Services, Department of Law employees.
A. No person employed by an analytical laboratory to retrieve,
deliver, or possess cannabis oil or industrial hemp samples from a permitted
pharmaceutical processor, a registered industrial hemp grower, a federally licensed
hemp producer, or a registered industrial hemp processor for the purpose of
performing required testing shall be prosecuted under Chapter 11 (§4.1-1100 et
seq.) of Title 4.1 or §18.2-248, 18.2-248.1,
18.2-250, or 18.2-255 for the possession or distribution of cannabis oil or
industrial hemp or for storing cannabis oil or industrial hemp for testing
purposes in accordance with regulations promulgated by the Board of Pharmacy and,
the Board of Agriculture and Consumer Services, or the
Board of Directors of the Virginia Cannabis Control Authority.
B. No employee of the Department of Agriculture and Consumer
Services or of the Department of Law shall be prosecuted under § 18.2-247, 18.2-248,
18.2-248.01, 18.2-248.1, or 18.2-250 for
the possession or distribution of industrial hemp or any substance containing
tetrahydrocannabinol when possession of industrial hemp or any substance
containing tetrahydrocannabinol is necessary in the performance of his duties.
§18.2-252. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education.
The trial judge or court trying the case of any person found
guilty of a criminal violation of any law concerning the use, in any manner, of
drugs, controlled substances, narcotics, marijuana,
noxious chemical substances and like substances shall condition any suspended
sentence by first requiring such person to agree to undergo a substance abuse
screening pursuant to §18.2-251.01 and to submit to such periodic substance
abuse testing, to include alcohol testing, as may be directed by the court.
Such testing shall be conducted by the supervising probation agency or by
personnel of any program or agency approved by the supervising probation
agency. The cost of such testing ordered by the court shall be paid by the
Commonwealth and taxed as a part of the costs of such proceedings. The judge or
court shall order the person, as a condition of any suspended sentence, to
undergo such treatment or education for substance abuse, if available, as the
judge or court deems appropriate based upon consideration of the substance
abuse assessment. The treatment or education shall be provided by a program or
agency licensed by the Department of Behavioral Health and Developmental
Services, by a similar program or services available through the Department of
Corrections if the court imposes a sentence of one year or more or, if the
court imposes a sentence of 12 months or less, by a similar program or services
available through a local or regional jail, a local community-based probation
services agency established pursuant to §9.1-174, or an ASAP program certified
by the Commission on VASAP.
§18.2-254. Commitment of convicted person for treatment for substance abuse.
A. Whenever any person who has not previously been convicted
of any criminal offense under this article or under any statute of the United
States or of any state relating to narcotic drugs,
marijuana, stimulant, depressant, or hallucinogenic drugs or
has not previously had a proceeding against him for violation of such an
offense dismissed as provided in §18.2-251 is found guilty of violating any
law concerning the use, in any manner, of drugs, controlled substances,
narcotics, marijuana, noxious chemical
substances, and like substances, the judge or court shall require such person
to undergo a substance abuse screening pursuant to §18.2-251.01 and to submit
to such periodic substance abuse testing, to include alcohol testing, as may be
directed by the court. The cost of such testing ordered by the court shall be
paid by the Commonwealth and taxed as a part of the costs of the criminal
proceedings. The judge or court shall also order the person to undergo such
treatment or education for substance abuse, if available, as the judge or court
deems appropriate based upon consideration of the substance abuse assessment.
The treatment or education shall be provided by a program or agency licensed by
the Department of Behavioral Health and Developmental Services or by a similar
program or services available through the Department of Corrections if the
court imposes a sentence of one year or more or, if the court imposes a
sentence of 12 months or less, by a similar program or services available
through a local or regional jail, a local community-based probation services
agency established pursuant to §9.1-174, or an ASAP program certified by the
Commission on VASAP.
B. The court trying the case of any person alleged to have committed any criminal offense designated by this article or by the Drug Control Act (§54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
C. The court trying a case in which commission of the criminal offense was related to the defendant's habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
§18.2-255. Distribution of certain drugs to persons under 18 prohibited; penalties.
A. Except as authorized in the Drug Control Act, Chapter 34 (§54.1-3400 et
seq.) of Title 54.1, it shall be is
unlawful for any person who is at least 18 years of age to knowingly or
intentionally (i) distribute any drug classified in Schedule I, II, III or IV or marijuana to any person
under 18 years of age who is at least three years his junior or (ii) cause any
person under 18 years of age to assist in such distribution of any drug
classified in Schedule I, II, III or IV or marijuana.
Any person violating this provision shall upon conviction be imprisoned in a
state correctional facility for a period not less than 10 nor more than 50
years, and fined not more than $100,000. Five years of the sentence imposed for
a conviction under this section involving a Schedule I or II controlled
substance or one ounce or more of marijuana
shall be a mandatory minimum sentence. Two years of the sentence
imposed for a conviction under this section involving less than one ounce of
marijuana shall be a mandatory minimum sentence.
B. It shall be is unlawful for any person who
is at least 18 years of age to knowingly or intentionally (i) distribute any
imitation controlled substance to a person under 18 years of age who is at
least three years his junior or (ii) cause any person under 18 years of age to
assist in such distribution of any imitation controlled substance. Any person
violating this provision shall be is guilty of a Class 6 felony.
§18.2-255.1. Distribution, sale or display of printed material advertising instruments for use in administering marijuana or controlled substances to minors; penalty.
It shall be is a Class 1 misdemeanor for
any person knowingly to sell, distribute, or display for sale to a minor any
book, pamphlet, periodical or other printed matter which he knows advertises
for sale any instrument, device, article, or contrivance for advertised use in
unlawfully ingesting, smoking, administering, preparing or growing marijuana or a controlled
substance.
§18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certain properties; penalty.
A. It shall be is unlawful for any person to manufacture,
sell or distribute or possess with intent to sell, give or distribute any
controlled substance, or imitation controlled
substance, or marijuana while:
1. Upon the property, including buildings and grounds, of any public or private elementary or secondary school, any institution of higher education, or any clearly marked licensed child day center as defined in § 22.1-289.02;
2. Upon public property or any property open to public use within 1,000 feet of the property described in subdivision 1;
3. On any school bus as defined in §46.2-100;
4. Upon a designated school bus stop, or upon either public property or any property open to public use which is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity;
5. Upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or
6. Upon the property of any state facility as defined in §
37.2-100 or upon public property or property open to public use within 1,000
feet of such an institution. It is a violation of the provisions of this
section if the person possessed the controlled substance, or imitation controlled
substance, or marijuana on the property
described in subdivisions 1 through 6, regardless of where the person intended
to sell, give or distribute the controlled substance, or imitation controlled
substance, or marijuana. Nothing in this
section shall prohibit the authorized distribution of controlled substances.
B. Violation of this section shall constitute a separate and
distinct felony. Any person violating the provisions of this section shall, upon
conviction, be imprisoned for a term of not less than one year nor more than
five years and fined not more than $100,000. A second or subsequent conviction
hereunder for an offense involving a controlled substance classified in
Schedule I, II, or III of the Drug Control Act (§54.1-3400 et seq.) or more than one-half ounce of marijuana
shall be punished by a mandatory minimum term of imprisonment of one year to be
served consecutively with any other sentence. However, if such person proves
that he sold such controlled substance or marijuana
only as an accommodation to another individual and not with intent to profit
thereby from any consideration received or expected nor to induce the recipient
or intended recipient of the controlled substance or marijuana
to use or become addicted to or dependent upon such controlled substance or marijuana, he is guilty of
a Class 1 misdemeanor.
C. If a person commits an act violating the provisions of this section, and the same act also violates another provision of law that provides for penalties greater than those provided for by this section, then nothing in this section shall prohibit or bar any prosecution or proceeding under that other provision of law or the imposition of any penalties provided for thereby.
§18.2-258. Certain premises deemed common nuisance; penalty.
Any office, store, shop, restaurant, dance hall, theater,
poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building
of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of
the owner, lessor, agent of any such lessor, manager, chief executive officer,
operator, or tenant thereof, is frequented by persons under the influence of
illegally obtained controlled substances or marijuana,
as defined in §54.1-3401, or for the purpose of illegally obtaining possession
of, manufacturing or distributing controlled substances or
marijuana, or is used for the illegal possession,
manufacture or distribution of controlled substances or
marijuana shall be deemed a common nuisance. Any such
owner, lessor, agent of any such lessor, manager, chief executive officer,
operator, or tenant who knowingly permits, establishes, keeps or maintains such
a common nuisance is guilty of a Class 1 misdemeanor and, for a second or subsequent
offense, a Class 6 felony.
§18.2-258.02. Maintaining a fortified drug house; penalty.
Any office, store, shop, restaurant, dance hall, theater,
poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment or
building or structure of any kind which that is (i) substantially
altered from its original status by means of reinforcement with the intent to
impede, deter or delay lawful entry by a law-enforcement officer into such
structure, (ii) being used for the purpose of manufacturing or distributing
controlled substances or marijuana,
and (iii) the object of a valid search warrant,
shall be considered a fortified drug house. Any person who maintains or
operates a fortified drug house is guilty of a Class 5 felony.
§18.2-258.1. Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery.
A. It shall be is unlawful for any person to
obtain or attempt to obtain any drug or procure or attempt to procure the
administration of any controlled substance or marijuana:
(i) by fraud, deceit, misrepresentation, embezzlement, or subterfuge; (ii) by
the forgery or alteration of a prescription or of any written order; (iii) by
the concealment of a material fact; or (iv) by the use of a false name or the
giving of a false address.
B. It shall be is unlawful for any person to
furnish false or fraudulent information in or omit any information from, or
willfully make a false statement in, any prescription, order, report, record,
or other document required by Chapter 34 the Drug Control Act (§
54.1-3400 et seq.) of Title 54.1.
C. It shall be is unlawful for any person to
use in the course of the manufacture or distribution of a controlled substance or marijuana a license number which that
is fictitious, revoked, suspended, or issued to another person.
D. It shall be is unlawful for any person,
for the purpose of obtaining any controlled substance or
marijuana to falsely assume the title of, or represent
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian
or other authorized person.
E. It shall be is unlawful for any person to
make or utter any false or forged prescription or false or forged written
order.
F. It shall be is unlawful for any person to
affix any false or forged label to a package or receptacle containing any
controlled substance.
G. This section shall not apply to officers and employees of the United States, of this Commonwealth or of a political subdivision of this Commonwealth acting in the course of their employment, who obtain such drugs for investigative, research or analytical purposes, or to the agents or duly authorized representatives of any pharmaceutical manufacturer who obtain such drugs for investigative, research or analytical purposes and who are acting in the course of their employment; provided that such manufacturer is licensed under the provisions of the Federal Food, Drug and Cosmetic Act; and provided further, that such pharmaceutical manufacturer, its agents and duly authorized representatives file with the Board such information as the Board may deem appropriate.
H. Except as otherwise provided in this subsection, any person
who shall violate any provision herein shall be is guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of
any offense under this article or under any statute of the United States or of
any state relating to narcotic drugs, marijuana,
or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding
against him for violation of such an offense dismissed, or reduced as provided
in this section, pleads guilty to or enters a plea of not guilty to the court
for violating this section, upon such plea if the facts found by the court
would justify a finding of guilt, the court may place him on probation upon
terms and conditions.
As a term or condition, the court shall require the accused to be evaluated and enter a treatment and/or education program, if available, such as, in the opinion of the court, may be best suited to the needs of the accused. This program may be located in the judicial circuit in which the charge is brought or in any other judicial circuit as the court may provide. The services shall be provided by a program certified or licensed by the Department of Behavioral Health and Developmental Services. The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
As a condition of supervised probation, the court shall require the accused to remain drug free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by the personnel of any screening, evaluation, and education program to which the person is referred or by the supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt upon the felony and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court shall find the defendant guilty of a Class 1 misdemeanor.
§18.2-265.1. Definition.
As used in this article, the term "drug
paraphernalia" means all equipment, products, and materials of any kind
which are either designed for use or which are intended by the person charged
with violating §18.2-265.3 for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, strength testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body marijuana or
a controlled substance. It includes, but is not limited to:
1. Kits intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of marijuana
or any species of plant which is a controlled substance or
from which a controlled substance can be derived;
2. Kits intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing marijuana or controlled
substances;
3. Isomerization devices intended for use or designed for use
in increasing the potency of marijuana or
any species of plant which is a controlled substance;
4. Testing equipment intended for use or designed for use in
identifying or in analyzing the strength or effectiveness of marijuana or controlled substances,
other than narcotic testing products used to determine whether a controlled
substance contains fentanyl or a fentanyl analog;
5. Scales and balances intended for use or designed for use in
weighing or measuring marijuana or
controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, or mannite, intended for use or designed for use in cutting controlled substances;
7. Separation gins and sifters
intended for use or designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining, marijuana;
8.
Blenders, bowls, containers, spoons, and mixing devices intended for use or
designed for use in compounding controlled substances;
9. 8. Capsules, balloons, envelopes,
and other containers intended for use or designed for use in packaging small
quantities of marijuana or controlled
substances;
10. 9. Containers and other objects
intended for use or designed for use in storing or concealing marijuana or controlled
substances;
11. 10. Hypodermic syringes,
needles, and other objects intended for use or designed for use in parenterally
injecting controlled substances into the human body;
12. 11. Objects intended for use or
designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into
the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers.
§18.2-265.2. Evidence to be considered in cases under this article.
In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following:
1. Constitutionally admissible statements by the accused concerning the use of the object;
2. The proximity of the object to marijuana
or controlled substances, which proximity is actually known
to the accused;
3. Instructions, oral or written, provided with the object concerning its use;
4. Descriptive materials accompanying the object which explain or depict its use;
5. National and local advertising within the actual knowledge of the accused concerning its use;
6. The manner in which the object is displayed for sale;
7. Whether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
8. Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;
9. The existence and scope of legitimate uses for the object in the community;
10. Expert testimony concerning its use or the purpose for which it was designed;
11. Relevant evidence of the intent of the accused to deliver it to persons who he knows, or should reasonably know, intend to use the object with an illegal drug. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
§18.2-265.3. Penalties for sale, etc., of drug paraphernalia.
A. Any person who sells or possesses with intent to sell drug
paraphernalia, knowing, or under circumstances where one reasonably should
know, that it is either designed for use or intended by such person for use to
illegally plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into the human
body marijuana or a controlled
substance, shall be is
guilty of a Class 1 misdemeanor.
B. Any person eighteen 18 years of age or older who
violates subsection A hereof
by selling drug paraphernalia to a minor who is at least three years junior to
the accused in age shall be is guilty of a Class 6 felony.
C. Any person eighteen 18 years of age or older who
distributes drug paraphernalia to a minor shall
be is
guilty of a Class 1 misdemeanor.
§18.2-287.2. Wearing of body armor while committing a crime; penalty.
Any person who, while
committing a crime of violence as defined in §18.2-288 (2)
or a felony violation of §18.2-248 or subdivision (a) 2 or 3
of §18.2-248.1, has in his possession a firearm or knife
and is wearing body armor designed to diminish the effect of the impact of a
bullet or projectile shall be is guilty of a Class 4 felony.
§18.2-308.012. Prohibited conduct.
A. Any person permitted to carry a concealed handgun who is under the influence of alcohol, marijuana, or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of §18.2-51.4, driving while intoxicated in violation of §18.2-266, public intoxication in violation of §18.2-388, or driving while intoxicated in violation of §46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
B. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in §4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Authority under Title 4.1 may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
§18.2-308.4. Possession of firearms while in possession of certain substances.
A. It shall be is unlawful for any person
unlawfully in possession of a controlled substance classified in Schedule I or
II of the Drug Control Act (§54.1-3400 et seq.) of
Title 54.1 to simultaneously with knowledge and intent
possess any firearm. A violation of this subsection is a Class 6 felony and
constitutes a separate and distinct felony.
B. It shall be is unlawful for any person
unlawfully in possession of a controlled substance classified in Schedule I or
II of the Drug Control Act (§54.1-3400 et seq.) to simultaneously with
knowledge and intent possess any firearm on or about his person. A violation of
this subsection is a Class 6 felony and constitutes a separate and distinct
felony and any person convicted hereunder shall be sentenced to a mandatory
minimum term of imprisonment of two years. Such punishment shall be separate
and apart from, and shall be made to run consecutively with, any punishment
received for the commission of the primary felony.
C. It shall be is unlawful for any person to
possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or
display such weapon in a threatening manner while committing or attempting to
commit the illegal manufacture, sale, distribution, or the possession with the
intent to manufacture, sell, or distribute a controlled substance classified in
Schedule I or Schedule II of the Drug Control Act (§54.1-3400 et seq.) or more than one pound of marijuana.
A violation of this subsection is a Class 6 felony,
and constitutes a separate and distinct felony and any person convicted
hereunder shall be sentenced to a mandatory minimum term of imprisonment of
five years. Such punishment shall be separate and apart from, and shall be made
to run consecutively with, any punishment received for the commission of the
primary felony.
§18.2-460. Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties.
A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he is guilty of a Class 1 misdemeanor.
B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to §3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.
C. If any person by threats of bodily harm or force knowingly
attempts to intimidate or impede a judge, magistrate, justice, juror, attorney
for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in
the discharge of his duty, or to obstruct or impede the administration of
justice in any court relating to a violation of or conspiracy to violate §
18.2-248 or subdivision (a)(3), (b) or (c)
of §18.2-248.1, or §,
18.2-46.2, or §
18.2-46.3, or relating to the violation of or conspiracy to violate any violent
felony offense listed in subsection C of §17.1-805, he is guilty of a Class 5
felony.
D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to §3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.
E. Any person who intentionally prevents or attempts to
prevent a law-enforcement officer from lawfully arresting him, with or without
a warrant, is guilty of a Class 1 misdemeanor. For purposes of this subsection,
intentionally preventing or attempting to prevent a lawful arrest means fleeing
from a law-enforcement officer when (i) the officer applies physical force to
the person, or (ii) the officer
communicates to the person that he is under arrest and (a) the officer has the
legal authority and the immediate physical ability to place the person under
arrest, and (b) a reasonable person
who receives such communication knows or should know that he is not free to
leave.
§18.2-474.1. Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons; penalties.
Notwithstanding the provisions of §18.2-474, any person who
shall willfully in any manner deliver, attempt to deliver, or conspire with
another to deliver to any prisoner confined under authority of the Commonwealth
of Virginia, or of any political subdivision thereof, or to any person
committed to the Department of Juvenile Justice in any juvenile correctional
center, any drug which that is a controlled substance
regulated by the Drug Control Act in Chapter 34
(§54.1-3400 et seq.) of Title 54.1 or
marijuana is guilty of a Class 5 felony. Any person who shall
willfully in any manner so deliver or attempt to deliver or conspire to deliver
to any such prisoner or confined or committed person, firearms, ammunitions, or
explosives of any nature is guilty of a Class 3 felony.
Nothing herein contained shall be construed to repeal or amend §18.2-473.
§19.2-66. When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications.
A. The Attorney General or Chief Deputy Attorney General, if
the Attorney General so designates in writing, in any case where the Attorney
General is authorized by law to prosecute or pursuant to a request in his
official capacity of an attorney for the Commonwealth in any city or county,
may apply to a judge of competent jurisdiction for an order authorizing the
interception of wire, electronic or oral communications by the Department of
State Police, when such interception may reasonably be expected to provide
evidence of the commission of a felonious offense of extortion, bribery, kidnapping,
murder, any felony violation of §18.2-248 or
18.2-248.1, any felony violation of Chapter 29 (§59.1-364
et seq.) of Title 59.1, any felony violation of Article 2 (§18.2-38 et seq.),
Article 2.1 (§18.2-46.1 et seq.), Article 2.2 (§18.2-46.4 et seq.), Article 5
(§18.2-58 et seq.), Article 6 (§18.2-59 et seq.) or any felonies that are not
Class 6 felonies in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2,
or any conspiracy to commit any of the foregoing offenses. The Attorney General
or Chief Deputy Attorney General may apply for authorization for the
observation or monitoring of the interception by a police department of a
county or city, by a sheriff's office, or by law-enforcement officers of the
United States. Such application shall be made, and such order may be granted,
in conformity with the provisions of §19.2-68.
B. The application for an order under subsection B of § 19.2-68 shall be made as follows:
1. In the case of an application for a wire or electronic interception, a judge of competent jurisdiction shall have the authority to issue an order under subsection B of §19.2-68 if there is probable cause to believe that an offense was committed, is being committed, or will be committed or the person or persons whose communications are to be intercepted live, work, subscribe to a wire or electronic communication system, maintain an address or a post office box, or are making the communication within the territorial jurisdiction of the court.
2. In the case of an application for an oral intercept, a judge of competent jurisdiction shall have the authority to issue an order under subsection B of §19.2-68 if there is probable cause to believe that an offense was committed, is being committed, or will be committed or the physical location of the oral communication to be intercepted is within the territorial jurisdiction of the court.
C. For the purposes of an order entered pursuant to subsection B of §19.2-68 for the interception of a wire or electronic communication, such communication shall be deemed to be intercepted in the jurisdiction where the order is entered, regardless of the physical location or the method by which the communication is captured or routed to the monitoring location.
§19.2-81.1. Arrest without warrant by correctional officers in certain cases.
Any correctional officer, as defined in §53.1-1, may arrest, in the same manner as provided in §19.2-81, persons for crimes involving:
(a) 1. The escape of an inmate from
a correctional institution, as defined in §53.1-1;
(b) 2. Assisting an inmate to
escape from a correctional institution, as defined in §53.1-1;
(c) 3. The delivery of contraband
to an inmate in violation of § 4.1-1117,
18.2-474, or §
18.2-474.1; and
(d) 4. Any other criminal offense
which may contribute to the disruption of the safety, welfare, or security of
the population of a correctional institution.
§19.2-83.1. Report of arrest of school employees and adult students for certain offenses.
A. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony, upon arresting a person who is known or discovered by the arresting official to be a full-time, part-time, permanent, or temporary teacher or any other employee in any local school division in the Commonwealth for a felony or a Class 1 misdemeanor or an equivalent offense in another state, shall file a report of such arrest with the division safety official designated pursuant to subsection F of § 22.1-279.8 in the school division in which such person is employed as soon as practicable but no later than 48 hours after such arrest. The contents of the report required pursuant to this subsection shall be utilized by the local school division solely to implement the provisions of subsection B of § 22.1-296.2 and §22.1-315.
B. The report required pursuant to subsection A shall be transmitted to the division safety official (i) via certified mail, return receipt requested, to the mailing address identified by the division superintendent pursuant to subsection F of §22.1-279.8 or (ii) via fax and email to the fax number and email address identified by the division superintendent pursuant to subsection F of §22.1-279.8. Any certified mail return receipt shall be retained in the case file.
C. (Expires July 1, 2027) In the event that the law-enforcement agency has existing access to Virginia Employment Commission records, each arresting official shall request in writing that the Virginia Employment Commission provide the name of the current employer of each person arrested for an offense set forth in §9.1-902 for purposes of determining whether a report is required pursuant to subsection A.
D. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony shall file a report, as soon as practicable, with the division superintendent of the school division in which the student is enrolled upon arresting a person who is known or discovered by the arresting official to be a student age 18 or older in any local school division in the Commonwealth for:
1. A firearm offense pursuant to Article 4 (§18.2-279 et seq.), 5 (§18.2-288 et seq.), 6 (§18.2-299 et seq.), 6.1 (§18.2-307.1 et seq.), or 7 (§18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 Chapter
11 (§ 18.2-247 4.1-1100 et seq.) of Chapter 7 of Title 18.2 4.1;
7. Arson and related crimes, pursuant to Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§18.2-89 through 18.2-93;
9. Robbery pursuant to §18.2-58;
10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;
11. Recruitment of juveniles for criminal street gang pursuant to §18.2-46.3;
12. An act of violence by a mob pursuant to §18.2-42.1; or
13. Abduction of any person pursuant to §18.2-47 or 18.2-48.
§19.2-188.1. Testimony regarding identification of controlled substances.
A. In any preliminary hearing on a violation of Chapter 11 (§
4.1-1100 et seq.) of Title 4.1, Article 1 (§18.2-247 et seq.) of Chapter 7 of
Title 18.2, or subdivision 6 of §53.1-203, any law-enforcement officer shall
be permitted to testify as to the results of field tests that have been
approved by the Department of Forensic Science pursuant to regulations adopted
in accordance with the Administrative Process Act (§2.2-4000 et seq.),
regarding whether or not any substance the identity of which is at issue in
such hearing is a controlled substance, imitation controlled substance, or
marijuana, as defined in § §§4.1-600 and 18.2-247.
B. In any trial for a violation of §
4.1-1105.1 4.1-1104 or 4.1-1105,
any law-enforcement officer shall be permitted to testify as to the results of
any marijuana field test approved as accurate and reliable by the Department of
Forensic Science pursuant to regulations adopted in accordance with the
Administrative Process Act (§2.2-4000 et seq.), regarding whether or not any
plant material, the identity of which is at issue, is marijuana provided the
defendant has been given written notice of his right to request a full chemical
analysis. Such notice shall be on a form approved by the Supreme Court and
shall be provided to the defendant prior to trial.
In any case in which the person accused of a violation of § 4.1-1105.1 4.1-1104
or 4.1-1105, or the attorney of record for the accused,
desires a full chemical analysis of the alleged plant material, he may, by
motion prior to trial before the court in which the charge is pending, request
such a chemical analysis. Upon such motion, the court shall order that the
analysis be performed by the Department of Forensic Science in accordance with
the provisions of § 18.2-247 9.1-1101 and shall prescribe
in its order the method of custody, transfer, and return of evidence submitted
for chemical analysis.
§19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.
After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned. Any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The limitation on the period of probation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings in accordance with §19.2-305.1. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to §19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of §19.2-298.01. The judge, after convicting the defendant of any offense for which a report to the Central Criminal Records Exchange is required in accordance with subsection A of § 19.2-390, shall determine whether a copy of the defendant's fingerprints or fingerprint identification information has been provided by a law-enforcement officer to the clerk of court for each such offense. In any case where fingerprints or fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and a photograph be taken by a law-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence for such offense. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of § 19.2-390.
In those courts having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, prior to or upon sentencing, the clerk of court shall also determine by reviewing the DNA data bank sample tracking system whether a blood, saliva, or tissue sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (§19.2-310.2 et seq.) of Chapter 18 of this title. In any case in which the clerk has determined that a DNA sample is not stored in the DNA data bank, or in any case in which electronic access to the DNA data bank sample tracking system is not available in the courtroom, the court shall order that the defendant appear within 30 days before the sheriff or probation officer and allow the sheriff or probation officer to take the required sample. The order shall also require that, if the defendant has not appeared and allowed the sheriff or probation officer to take the required sample by the date stated in the order, then the sheriff or probation officer shall report to the court the defendant's failure to appear and provide the required sample.
After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in §16.1-228, shall be permitted unless expressly prohibited by the court.
Notwithstanding any other provision of law, in any case where a defendant is convicted of a violation of §18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of §18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1 of §18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation in accordance with the provisions of this section, or otherwise modify the sentence imposed.
If a person has been sentenced for a felony to the Department of Corrections (the Department), the court that heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, or within 60 days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation in accordance with the provisions of this section.
Notwithstanding any other provision of law or rule of court, any person who has been sentenced to jail or to the Department of Corrections for a marijuana offense, except for (i) a violation of subdivision (a) (3) of former §18.2-248.1, (ii) a violation of subsection (d) of former §18.2-248.1, or (iii) a violation of former § 18.2-248.1 where the defendant gave, distributed, or possessed with intent to give or distribute marijuana to a minor, may, at any time before the sentence has been completely served, file a motion with the sentencing court that entered the final judgment or order for a resentencing hearing. If it appears compatible with the public interest and there are circumstances in mitigation of the offense, including the legalization of marijuana, such court may reduce, suspend, or otherwise modify such person's sentence at any time before such person's sentence has been completely served. If the petitioner claims to be indigent, the petitioner shall additionally file with the court a statement of indigency and a request for the appointment of counsel on forms provided by the Supreme Court of Virginia. If the petition is not summarily dismissed and the court finds that the petitioner is entitled to representation by counsel subject to the provisions of Article 3 (§19.2-157 et seq.) of Chapter 10, the court shall appoint counsel to represent the petitioner.
§19.2-303.01. Reduction of sentence; substantial assistance to prosecution.
Notwithstanding any other provision of law or rule of court, upon
motion of the attorney for the Commonwealth, the sentencing court may reduce
the defendant's sentence if the defendant, after entry of the final judgment
order, provided substantial assistance in investigating or prosecuting another
person for (i) an act of violence as defined in §19.2-297.1, an act of larceny
of a firearm in violation of §18.2-95, or any violation of §18.2-248,
18.2-248.01, 18.2-248.02, 18.2-248.03, 18.2-248.1,
18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255, 18.2-255.2, 18.2-258, 18.2-258.02,
18.2-258.1, or 18.2-258.2, or any substantially similar offense in any other
jurisdiction, which offense would be a felony if committed in the Commonwealth;
(ii) a conspiracy to commit any of the offenses listed in clause (i); or (iii)
violations as a principal in the second degree or accessory before the fact of
any of the offenses listed in clause (i). In determining whether the defendant
has provided substantial assistance pursuant to the provisions of this section,
the court shall consider (a) the court's evaluation of the significance and
usefulness of the defendant's assistance, taking into consideration the
Commonwealth's evaluation of the assistance rendered; (b) the truthfulness,
completeness, and reliability of any information or testimony provided by the
defendant; (c) the nature and extent of the defendant's assistance; (d) any
injury suffered or any danger or risk of injury to the defendant or his family
resulting from his assistance; and (e) the timeliness of the defendant's
assistance. If the motion is made more than one year after entry of the final
judgment order, the court may reduce a sentence only if the defendant's
substantial assistance involved (1) information not known to the defendant
until more than one year after entry of the final judgment order, (2)
information provided by the defendant within one year of entry of the final
judgment order but that did not become useful to the Commonwealth until more
than one year after entry of the final judgment order, or (3) information the
usefulness of which could not reasonably have been anticipated by the defendant
until more than one year after entry of the final judgment order and which was
promptly provided to the Commonwealth by the defendant after its usefulness was
reasonably apparent.
§19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions.
A. The following property shall be subject to lawful seizure
by any officer charged with enforcing the provisions of Chapter
11 (§4.1-1100 et seq.) of Title 4.1 or Article 1 (§
18.2-247 et seq.) of Chapter 7 of Title 18.2: (i) all money, medical equipment,
office equipment, laboratory equipment, motor vehicles, and all other personal
and real property of any kind or character, used in substantial connection with
(a) the illegal manufacture, sale or distribution of controlled substances or
possession with intent to sell or distribute controlled substances in violation
of §18.2-248, (b) the sale or distribution of marijuana or
possession with intent to distribute marijuana in violation
of subdivisions (a)(2), (a)(3) and (c) of
§ 18.2-248.1 4.1-1103, or (c) a
drug-related offense in violation of § 4.1-1117 or
18.2-474.1; (ii) everything of value furnished, or intended to be furnished, in
exchange for a controlled substance in violation of §18.2-248 or for marijuana
in violation of § 18.2-248.1 4.1-1103 or for a controlled
substance or marijuana in violation of § 4.1-1117 or
18.2-474.1; and (iii) all moneys or other property, real or personal, traceable
to such an exchange, together with any interest or profits derived from the
investment of such money or other property. Under the provisions of clause (i),
real property shall not be subject to lawful seizure unless the minimum
prescribed punishment for the violation is a term of not less than five years.
B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§19.2-386.1 et seq.).
§19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia.
A. All controlled substances, imitation controlled substances, marijuana, or paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer or have been seized in connection with violations of Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or Chapter 7 (§18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of as follows:
1. Upon written application by (i) the Department of Forensic Science, (ii) the Department of State Police, or (iii) any police department or sheriff's office in a locality, the court may order the forfeiture of any such substance or paraphernalia to the Department of Forensic Science, the Department of State Police, or to such police department or sheriff's office for research and training purposes and for destruction pursuant to regulations of the United States Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have been fulfilled.
2. In the event no application is made under subdivision 1, the court shall order the destruction of all such substances or paraphernalia, which order shall state the existence and nature of the substance or paraphernalia, the quantity thereof, the location where seized, the person or persons from whom the substance or paraphernalia was seized, if known, and the manner whereby such item shall be destroyed. However, the court may order that paraphernalia identified in subdivision 5 of §18.2-265.1 not be destroyed and that it be given to a person or entity that makes a showing to the court of sufficient need for the property and an ability to put the property to a lawful and publicly beneficial use. A return under oath, reporting the time, place and manner of destruction shall be made to the court by the officer to whom the order is directed. A copy of the order and affidavit shall be made a part of the record of any criminal prosecution in which the substance or paraphernalia was used as evidence and shall, thereafter, be prima facie evidence of its contents. In the event a law-enforcement agency recovers, seizes, finds, is given or otherwise comes into possession of any such substances or paraphernalia that are not evidence in a trial in the Commonwealth, the chief law-enforcement officer of the agency or his designee may, with the written consent of the appropriate attorney for the Commonwealth, order destruction of same; provided that a statement under oath, reporting a description of the substances and paraphernalia destroyed and the time, place and manner of destruction, is made to the chief law-enforcement officer by the officer to whom the order is directed.
B. No such substance or paraphernalia used or to be used in a criminal prosecution under Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or Chapter 7 (§18.2-247 et seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal have been exhausted, except as provided in §19.2-386.24.
C. The amount of any specific controlled substance, or imitation controlled substance, retained by any law-enforcement agency pursuant to a court order issued under this section shall not exceed five pounds, or 25 pounds in the case of marijuana. Any written application to the court for controlled substances, imitation controlled substances, or marijuana, shall certify that the amount requested shall not result in the requesting agency's exceeding the limits allowed by this subsection.
D. A law-enforcement agency that retains any controlled substance, imitation controlled substance, or marijuana, pursuant to a court order issued under this section shall (i) be required to conduct an inventory of such substance on a monthly basis, which shall include a description and weight of the substance, and (ii) destroy such substance pursuant to subdivision A 1 when no longer needed for research and training purposes. A written report outlining the details of the inventory shall be made to the chief law-enforcement officer of the agency within 10 days of the completion of the inventory, and the agency shall detail the substances that were used for research and training pursuant to a court order in the immediately preceding fiscal year. Destruction of such substance shall be certified to the court along with a statement prepared under oath, reporting a description of the substance destroyed, and the time, place, and manner of destruction.
§19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial.
Where seizures of controlled substances or marijuana are made in excess of 10 pounds in connection with any prosecution or investigation under Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or Chapter 7 (§18.2-247 et seq.) of Title 18.2, the appropriate law-enforcement agency may retain 10 pounds of the substance randomly selected from the seized substance for representative purposes as evidence and destroy the remainder of the seized substance.
Before any destruction is carried out under this section, the law-enforcement agency shall cause the material seized to be photographed with identification case numbers or other means of identification and shall prepare a report identifying the seized material. It shall also notify the accused, or other interested party, if known, or his attorney, at least five days in advance that the photography will take place and that they may be present. Prior to any destruction under this section, the law-enforcement agency shall also notify the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur. Any notice required under the provisions of this section shall be by first-class mail to the last known address of the person required to be notified. In addition to the substance retained for representative purposes as evidence, all photographs and records made under this section and properly identified shall be admissible in any court proceeding for any purposes for which the seized substance itself would have been admissible.
§19.2-386.25. Judge may order law-enforcement agency to maintain custody of controlled substances, etc.
Upon request of the clerk of any court, a judge of the court may order a law-enforcement agency to take into its custody or to maintain custody of substantial quantities of any controlled substances, imitation controlled substances, chemicals, marijuana, or paraphernalia used or to be used in a criminal prosecution under Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or Chapter 7 (§18.2-247 et seq.) of Title 18.2. The court in its order may make provision for ensuring integrity of these items until further order of the court.
§19.2-389.3. (For contingent expiration dates, see Acts 2021, Sp. Sess. I, cc. 524, 542, 550, and 551; contingent repeal per Acts 2023, cc. 554, 555, cl. 3) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty.
A. Records relating to the arrest, criminal charge, or
conviction of a person for a misdemeanor violation of former
§18.2-248.1 or a violation of former
§18.2-250.1, including any violation charged under §§ former § 18.2-248.1 or
18.2-250.1 that was deferred and dismissed pursuant to §18.2-251, maintained
in the Central Criminal Records Exchange shall not be open for public
inspection or otherwise disclosed, provided that such records may be
disseminated (i) to make the determination as provided in §18.2-308.2:2 of
eligibility to possess or purchase a firearm; (ii) to aid in the preparation of
a pretrial investigation report prepared by a local pretrial services agency
established pursuant to Article 5 (§19.2-152.2 et seq.) of Chapter 9, a
pre-sentence or post-sentence investigation report pursuant to §19.2-299 or in
the preparation of the discretionary sentencing guidelines worksheets pursuant
to subsection C of §19.2-298.01; (iii) to aid local community-based probation
services agencies established pursuant to the Comprehensive Community
Corrections Act for Local-Responsible Offenders (§9.1-173 et seq.) with
investigating or serving adult local-responsible offenders and all court
service units serving juvenile delinquent offenders; (iv) for fingerprint
comparison utilizing the fingerprints maintained in the Automated Fingerprint
Information System computer; (v) to attorneys for the Commonwealth to secure
information incidental to sentencing and to attorneys for the Commonwealth and
probation officers to prepare the discretionary sentencing guidelines
worksheets pursuant to subsection C of §19.2-298.01; (vi) to any full-time or
part-time employee of the State Police, a police department, or sheriff's
office that is a part of or administered by the Commonwealth or any political
subdivision thereof, and who is responsible for the prevention and detection of
crime and the enforcement of the penal, traffic, or highway laws of the
Commonwealth, for purposes of the administration of criminal justice as defined
in §9.1-101; (vii) to the Virginia Criminal Sentencing Commission for research
purposes; (viii) to any full-time or part-time employee of the State Police or
a police department or sheriff's office that is a part of or administered by
the Commonwealth or any political subdivision thereof for the purpose of
screening any person for full-time or part-time employment with the State
Police or a police department or sheriff's office that is a part of or
administered by the Commonwealth or any political subdivision thereof; (ix) to
the State Health Commissioner or his designee for the purpose of screening any
person who applies to be a volunteer with or an employee of an emergency
medical services agency as provided in §32.1-111.5; (x) to any full-time or
part-time employee of the Department of Forensic Science for the purpose of
screening any person for full-time or part-time employment with the Department
of Forensic Science; (xi) to the chief law-enforcement officer of a locality,
or his designee who shall be an individual employed as a public safety official
of the locality, that has adopted an ordinance in accordance with §§
15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to
be a volunteer with or an employee of an emergency medical services agency as
provided in §32.1-111.5; and (xii) to any full-time or part-time employee of
the Department of Motor Vehicles, any employer as defined in §46.2-341.4, or
any medical examiner as defined in 49 C.F.R. §390.5 for the purpose of
complying with the regulations of the Federal Motor Carrier Safety
Administration.
B. An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A.
C. Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any such arrest, criminal charge, or conviction.
D. A person who willfully violates subsection B or C is guilty of a Class 1 misdemeanor for each violation.
§19.2-389.3. (For contingent effective dates, see Acts 2021, Sp. Sess. I, cc. 524, 542, 550, and 551; contingent repeal per Acts 2023, cc. 554, 555, cl. 3) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty.
A. Criminal history record information contained in the
Central Criminal Records Exchange, including any records relating to an arrest,
criminal charge, or conviction, for a misdemeanor violation of former §18.2-248.1 or a
violation of former §18.2-250.1, including
any violation charged under §§ former § 18.2-248.1 or
18.2-250.1 that was deferred and dismissed pursuant to §18.2-251, shall not be
open for public inspection or otherwise disclosed, provided that such records
may be disseminated and used for the following purposes: (i) to make the
determination as provided in §18.2-308.2:2 of eligibility to possess or purchase
a firearm; (ii) for fingerprint comparison utilizing the fingerprints
maintained in the Automated Fingerprint Information System; (iii) to the
Virginia Criminal Sentencing Commission for its research purposes; (iv) to any
full-time or part-time employee of the State Police or a police department or
sheriff's office that is a part of or administered by the Commonwealth or any
political subdivision thereof for the purpose of screening any person for
full-time or part-time employment with, or to be a volunteer with, the State
Police or a police department or sheriff's office that is a part of or
administered by the Commonwealth or any political subdivision thereof; (v) to
the State Health Commissioner or his designee for the purpose of screening any
person who applies to be a volunteer with or an employee of an emergency
medical services agency as provided in §32.1-111.5; (vi) to any full-time or
part-time employee of the Department of Forensic Science for the purpose of
screening any person for full-time or part-time employment with the Department
of Forensic Science; (vii) to the chief law-enforcement officer of a locality,
or his designee who shall be an individual employed as a public safety official
of the locality, that has adopted an ordinance in accordance with §§
15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to
be a volunteer with or an employee of an emergency medical services agency as
provided in §32.1-111.5; (viii) to any full-time or part-time employee of the
Department of Motor Vehicles, any employer as defined in §46.2-341.4, or any
medical examiner as defined in 49 C.F.R. §390.5 for the purpose of complying
with the regulations of the Federal Motor Carrier Safety Administration; (ix)
to any employer or prospective employer or its designee where federal law
requires the employer to inquire about prior criminal charges or convictions;
(x) to any employer or prospective employer or its designee where the position
that a person is applying for, or where access to the premises in or upon which
any part of the duties of such position is performed or is to be performed, is
subject to any requirement imposed in the interest of the national security of
the United States under any security program in effect pursuant to or administered
under any contract with, or statute or regulation of, the United States or any
Executive Order of the President; (xi) to any person authorized to engage in
the collection of court costs, fines, or restitution under subsection C of §
19.2-349 for purposes of collecting such court costs, fines, or restitution;
(xii) to administer and utilize the DNA Analysis and Data Bank set forth in
Article 1.1 (§19.2-310.2 et seq.) of Chapter 18; (xiii) to publish decisions
of the Supreme Court, Court of Appeals, or any circuit court; (xiv) to any
full-time or part-time employee of a court, the Office of the Executive
Secretary, the Division of Legislative Services, or the Chairs of the House
Committee for Courts of Justice and the Senate Committee on the Judiciary for
the purpose of screening any person for full-time or part-time employment as a
clerk, magistrate, or judge with a court or the Office of the Executive
Secretary; (xv) to any employer or prospective employer or its designee where
this Code or a local ordinance requires the employer to inquire about prior
criminal charges or convictions; (xvi) to any employer or prospective employer
or its designee that is allowed access to such sealed records in accordance
with the rules and regulations adopted pursuant to §9.1-128 and procedures
adopted pursuant to §9.1-134; (xvii) to any business screening service for
purposes of complying with §19.2-392.16; (xviii) to any attorney for the
Commonwealth and any person accused of a violation of law, or counsel for the
accused, in order to comply with any constitutional and statutory duties to
provide exculpatory, mitigating, and impeachment evidence to an accused; (xix)
to any party in a criminal or civil proceeding for use as authorized by law in
such proceeding; (xx) to any party for use in a protective order hearing as
authorized by law; (xxi) to the Department of Social Services or any local
department of social services for purposes of performing any statutory duties
as required under Title 63.2; (xxii) to any party in a proceeding relating to
the care and custody of a child for use as authorized by law in such
proceeding; (xxiii) to the attorney for the Commonwealth and the court for
purposes of determining eligibility for sealing pursuant to the provisions of §
19.2-392.12; (xxiv) to determine a person's eligibility to be empaneled as a
juror; and (xxv) to the person arrested, charged, or convicted of the offense
that was sealed.
B. Except as provided in subsection C, agencies, officials, and employees of state and local governments, private employers that are not subject to federal laws or regulations in the hiring process, and educational institutions shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A.
C. The provisions of subsection B shall not apply if:
1. The person is applying for full-time employment or part-time employment with, or to be a volunteer with, the State Police or a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof;
2. This Code requires the employer to make such an inquiry;
3. Federal law requires the employer to make such an inquiry;
4. The position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any contract with, or statute or regulation of, the United States or any Executive Order of the President; or
5. The rules and regulations adopted pursuant to §9.1-128 and procedures adopted pursuant to §9.1-134 allow the employer to access such sealed records.
D. Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any such arrest, criminal charge, or conviction.
E. No person, as defined in §36-96.1:1, shall, in any application for the sale or rental of a dwelling, as defined in §36-96.1:1, require an applicant to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning arrests, criminal charges, or convictions when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any such arrest, criminal charge, or conviction.
F. No insurance company, as defined in §38.2-100, shall, in any application for insurance, as defined in §38.2-100, require an applicant to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning arrests, criminal charges, or convictions when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any such arrest, criminal charge, or conviction.
G. If any entity or person listed under subsection B, D, E, or F includes a question about a prior arrest, criminal charge, or conviction in an application for one or more of the purposes set forth in such subsections, such application shall include, or such entity or person shall provide, a notice to the applicant that an arrest, criminal charge, or conviction that is not open for public inspection pursuant to subsection A does not have to be disclosed in the application. Such notice need not be included on any application for one or more of the purposes set forth in subsection C.
H. The provisions of this section shall not prohibit the disclosure of any arrest, criminal charge, or conviction that is not open for public inspection pursuant to subsection A or any information from such records among law-enforcement officers and attorneys when such disclosures are made by such officers or attorneys while engaged in the performance of their duties for purposes solely relating to the disclosure or use of exculpatory, mitigating, and impeachment evidence or between attorneys for the Commonwealth when related to the prosecution of a separate crime.
I. A person who willfully violates subsection B, D, E, or F is guilty of a Class 1 misdemeanor for each violation.
§19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled.
A. For purposes of this section:
"Barrier crime" means (i) a felony violation of §
16.1-253.2; any violation of §18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33,
18.2-35, 18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony
violation of §18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any violation
of §18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of subsection A or B of
§18.2-47; any violation of §18.2-48, 18.2-49, or 18.2-50.3; any violation of
§18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.5, 18.2-51.6,
18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, 18.2-55,
18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2, 18.2-57, 18.2-57.01, 18.2-57.02,
18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59, 18.2-60, or 18.2-60.1; any felony
violation of §18.2-60.3 or 18.2-60.4; any violation of §18.2-61, 18.2-63,
18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.4:1,
18.2-67.4:2, 18.2-67.5, 18.2-67.5:1, 18.2-67.5:2, 18.2-67.5:3, 18.2-77,
18.2-79, 18.2-80, 18.2-81, 18.2-82, 18.2-83, 18.2-84, 18.2-85, 18.2-86,
18.2-87, 18.2-87.1, or 18.2-88; any felony violation of §18.2-279, 18.2-280,
18.2-281, 18.2-282, 18.2-282.1, 18.2-286.1, or 18.2-287.2; any violation of §
18.2-289, 18.2-290, 18.2-300, 18.2-308.4, or 18.2-314; any felony violation of
§18.2-346.01, 18.2-348, or 18.2-349; any violation of §18.2-355, 18.2-356,
18.2-357, or 18.2-357.1; any violation of subsection B of §18.2-361; any
violation of §18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-370.2, 18.2-370.3,
18.2-370.4, 18.2-370.5, 18.2-370.6, 18.2-371.1, 18.2-374.1, 18.2-374.1:1,
18.2-374.3, 18.2-374.4, 18.2-379, 18.2-386.1, or 18.2-386.2; any felony
violation of §18.2-405 or 18.2-406; any violation of §18.2-408, 18.2-413,
18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, 18.2-433.2,
18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1, 18.2-477.2, 18.2-478, 18.2-479,
18.2-480, 18.2-481, 18.2-484, 18.2-485, 37.2-917, or 53.1-203; or any
substantially similar offense under the laws of another jurisdiction; (ii) any
violation of §18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-94 or any
substantially similar offense under the laws of another jurisdiction; (iii) any
felony violation of §4.1-1101, 4.1-1114,
18.2-248, 18.2-248.01, 18.2-248.02, 18.2-248.03,
18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255,
18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2 or any
substantially similar offense under the laws of another jurisdiction; (iv) any
felony violation of §18.2-250 or any substantially similar offense under the
laws of another jurisdiction; (v) any offense set forth in §9.1-902 that
results in the person's requirement to register with the Sex Offender and
Crimes Against Minors Registry pursuant to §9.1-901, including any finding
that a person is not guilty by reason of insanity in accordance with Chapter
11.1 (§19.2-182.2 et seq.) of Title 19.2 of an offense set forth in §9.1-902
that results in the person's requirement to register with the Sex Offender and
Crimes Against Minors Registry pursuant to §9.1-901; any substantially similar
offense under the laws of another jurisdiction; or any offense for which
registration in a sex offender and crimes against minors registry is required
under the laws of the jurisdiction where the offender was convicted; or (vi)
any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless
five years have elapsed from the date of the conviction.
"Barrier crime information" means the following facts concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest or conviction: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the barrier crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime.
"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children or the elderly or disabled.
"Department" means the Department of State Police.
"Employed by" means any person who is employed by, volunteers for, seeks to be employed by, or seeks to volunteer for a qualified entity.
"Identification document" means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
"Provider" means a person who (i) is employed by a qualified entity and has, seeks to have, or may have unsupervised access to a child or to an elderly or disabled person to whom the qualified entity provides care; (ii) is a volunteer of a qualified entity and has, seeks to have, or may have unsupervised access to a child to whom the qualified entity provides care; or (iii) owns, operates, or seeks to own or operate a qualified entity.
"Qualified entity" means a business or organization that provides care to children or the elderly or disabled, whether governmental, private, for profit, nonprofit, or voluntary, except organizations exempt pursuant to subdivision A 7 of §22.1-289.030.
B. A qualified entity may request the Department of State Police to conduct a national criminal background check on any provider who is employed by such entity. No qualified entity may request a national criminal background check on a provider until such provider has:
1. Been fingerprinted; and
2. Completed and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document; (ii) a disclosure of whether or not the provider has ever been convicted of or is the subject of pending charges for a criminal offense within or outside the Commonwealth, and if the provider has been convicted of a crime, a description of the crime and the particulars of the conviction; (iii) a notice to the provider that the entity may request a background check; (iv) a notice to the provider that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department; and (v) a notice to the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to children or the elderly or disabled for whom the qualified entity provides care.
C. Upon receipt of (i) a qualified entity's written request to conduct a background check on a provider, (ii) the provider's fingerprints, and (iii) a completed, signed statement as described in subsection B, the Department shall make a determination whether the provider has been convicted of or is the subject of charges of a barrier crime. To conduct its determination regarding the provider's barrier crime information, the Department shall access the national criminal history background check system, which is maintained by the Federal Bureau of Investigation and is based on fingerprints and other methods of identification, and shall access the Central Criminal Records Exchange maintained by the Department. If the Department receives a background report lacking disposition data, the Department shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The Department shall make reasonable efforts to respond to a qualified entity's inquiry within 15 business days.
D. Any background check conducted pursuant to this section for a provider employed by a private entity shall be screened by the Department of State Police. If the provider has been convicted of or is under indictment for a barrier crime, the qualified entity shall be notified that the provider is not qualified to work or volunteer in a position that involves unsupervised access to children or the elderly or disabled.
E. Any background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity.
F. In the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints.
G. The failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action.
§19.2-392.6. (For effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of offenses resulting in a deferred and dismissed disposition or conviction; automatic sealing of former possession of marijuana offenses.
A. If a person was convicted of a violation of any of the following sections, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in §19.2-392.7, subject to the provisions of subsections B and C: §18.2-96, 18.2-103, 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of former §18.2-248.1; or § 18.2-415.
B. Subject to the provisions of subsection C, any conviction listed under subsection A shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of §19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period.
C. No conviction listed under subsection a shall be automatically sealed if, on the date of the conviction, the person was convicted of another offense that is not eligible for automatic sealing under subsection A.
D. If a person was charged with any criminal offense and such offense concluded with any final disposition as a violation of former § 18.2-250.1, such offense shall be ordered to be automatically sealed in the manner set forth in §19.2-392.7.
E. This section shall not be construed as prohibiting a person from seeking sealing in the circuit court pursuant to the provisions of § 19.2-392.12.
§22.1-277.08. Expulsion of students for certain drug offenses.
A. School boards shall expel from school attendance any
student whom such school board has determined, in accordance with the
procedures set forth in this article, to have brought a controlled substance, or
imitation controlled substance, or marijuana
as defined in §18.2-247 onto school property or to a school-sponsored
activity. A school administrator, pursuant to school board policy, or a school
board may, however, determine, based on the facts of a particular situation,
that special circumstances exist and no disciplinary action or another
disciplinary action or another term of expulsion is appropriate. A school board
may, by regulation, authorize the division superintendent or his designee to
conduct a preliminary review of such cases to determine whether a disciplinary
action other than expulsion is appropriate. Such regulations shall ensure that,
if a determination is made that another disciplinary action is appropriate, any
such subsequent disciplinary action is to be taken in accordance with the procedures
set forth in this article. Nothing in this section shall be construed to
require a student's expulsion regardless of the facts of the particular
situation.
B. Each school board shall revise its standards of student conduct to incorporate the requirements of this section no later than three months after the date on which this act becomes effective.
§53.1-231.2. Restoration of the civil right to be eligible to register to vote to certain persons.
This section shall apply to any person who is not a qualified voter because of a felony conviction, who seeks to have his right to register to vote restored and become eligible to register to vote, and who meets the conditions and requirements set out in this section.
Any person, other than a person (i) convicted of a violent
felony as defined in §19.2-297.1 or in subsection C of §17.1-805 and any
crime ancillary thereto; (ii) convicted of a felony pursuant to §4.1-1101, 4.1-1114, 18.2-248,
18.2-248.01, 18.2-248.1, 18.2-255,
18.2-255.2, or 18.2-258.02; or (iii) convicted of a felony pursuant to §
24.2-1016, may petition the circuit court of the county or city in which he was
convicted of a felony, or the circuit court of the county or city in which he
presently resides, for restoration of his civil right to be eligible to
register to vote through the process set out in this section. On such petition,
the court may approve the petition for restoration to the person of his right
if the court is satisfied from the evidence presented that the petitioner has completed,
five or more years previously, service of any sentence and any modification of
sentence including probation, parole, and suspension of sentence; that the
petitioner has demonstrated civic responsibility through community or
comparable service; and that the petitioner has been free from criminal
convictions, excluding traffic infractions, for the same period.
If the court approves the petition, it shall so state in an order, provide a copy of the order to the petitioner, and transmit its order to the Secretary of the Commonwealth. The order shall state that the petitioner's right to be eligible to register to vote may be restored by the date that is 90 days after the date of the order, subject to the approval or denial of restoration of that right by the Governor. The Secretary of the Commonwealth shall transmit the order to the Governor who may grant or deny the petition for restoration of the right to be eligible to register to vote approved by the court order. The Secretary of the Commonwealth shall send, within 90 days of the date of the order, to the petitioner at the address stated on the court's order, a certificate of restoration of that right or notice that the Governor has denied the restoration of that right. The Governor's denial of a petition for the restoration of voting rights shall be a final decision and the petitioner shall have no right of appeal. The Secretary shall notify the court and the State Board of Elections in each case of the restoration of the right or denial of restoration by the Governor.
On receipt of the certificate of restoration of the right to register to vote from the Secretary of the Commonwealth, the petitioner, who is otherwise a qualified voter, shall become eligible to register to vote.
§54.1-2903. What constitutes practice; advertising in connection with medical practice.
A. Any person shall be regarded as practicing the healing arts who actually engages in such practice as defined in this chapter, or who opens an office for such purpose, or who advertises or announces to the public in any manner a readiness to practice or who uses in connection with his name the words or letters "Doctor," "Dr.," "M.D.," "D.O.," "D.P.M.," "D.C.," "Healer," "N.P.," or any other title, word, letter or designation intending to designate or imply that he is a practitioner of the healing arts or that he is able to heal, cure or relieve those suffering from any injury, deformity or disease.
Signing a birth or death certificate, or signing any statement certifying that the person so signing has rendered professional service to the sick or injured, or signing or issuing a prescription for drugs or other remedial agents, shall be prima facie evidence that the person signing or issuing such writing is practicing the healing arts within the meaning of this chapter except where persons other than physicians are required to sign birth certificates.
B. No person regulated under this chapter shall use the title
"Doctor" or the abbreviation "Dr." in writing or in
advertising in connection with his practice unless he simultaneously uses
words, initials, an abbreviation or designation, or other language that
identifies the type of practice for which he is licensed. No person regulated
under this chapter shall include in any advertisement a reference to marijuana,
as defined in § 18.2-247 54.1-3401, unless such
advertisement is for the treatment of addiction or substance abuse. However,
nothing in this subsection shall prevent a person from including in any
advertisement that such person is registered with the Board of Directors of the
Virginia Cannabis Control Authority to issue written certifications for the use
of cannabis products, as defined in §4.1-1600.
2. That §§4.1-1101.1, 4.1-1105.1, 18.2-248.1, and 18.2-251.1 of the Code of Virginia are repealed.
3. That the provisions of this act shall become effective on July 1, 2025.
4. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
