Bill Text: VA HB997 | 2016 | Regular Session | Prefiled
Bill Title: Marijuana; decriminalization of simple marijuana possession.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in Courts of Justice [HB997 Detail]
Download: Virginia-2016-HB997-Prefiled.html
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16101890D Be it enacted by the General Assembly of Virginia: 1. That §§16.1-260, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-252, 18.2-259.1, 18.2-287.2, 18.2-308.1:5, 18.2-308.09, 18.2-460, 19.2-386.22, and 46.2-390.1 of the Code of Virginia are amended and reenacted as follows: §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, and (iii) 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. 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 (i) is not alleged to have committed a violent juvenile felony or (ii) 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 complaint for 90 days and proceed informally by developing a truancy plan. The intake officer may proceed informally only if the juvenile has not previously been proceeded against informally or adjudicated in need of supervision for failure to comply with compulsory school attendance as provided in §22.1-254. 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 90-day 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 (i) develop a plan for the juvenile, which may include restitution and the performance of community service, based upon community resources and the circumstances which resulted in the complaint, (ii) create an official record of the action taken by the intake officer and file such record in the juvenile's case file, and (iii) 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 will 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, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. 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. 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 (§18.2-247 et seq.) of Chapter 7 of Title 18.2; 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; or 12. An act of violence by a mob pursuant to §18.2-42.1. 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. 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. §18.2-248.1. Penalties for sale, gift, distribution, or possession with intent to sell, give, or distribute marijuana. A. Except
as authorized in the Drug Control Act
4. More than five pounds is guilty of a Class 4 felony. If such person proves that he gave, distributed, or possessed with intent to give
or distribute 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 marijuana to use or become
addicted to or dependent upon such marijuana, he
There shall be a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.
§18.2-250.1. Possession of marijuana unlawful; civil penalty. A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§54.1-3400 et seq.). The attorney for the Commonwealth or the county, city, or town attorney may prosecute such a case. Any violation of this section may be charged by summons. Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana. Any person who violates this section is B. The provisions of this section shall not apply to members of state, federal, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in §53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties. C. In any prosecution under this section involving marijuana in the form of cannabidiol oil or THC-A oil as those terms are defined in § 54.1-3408.3, it shall be an affirmative defense that the individual possessed such oil pursuant to a valid written certification issued by a practitioner in the course of his professional practice pursuant to §54.1-3408.3 for treatment or to alleviate the symptoms of (i) the individual's intractable epilepsy or (ii) if such individual is the parent or legal guardian of a minor, such minor's intractable epilepsy. If the individual files the valid written certification with the court at least 10 days prior to trial and causes a copy of such written certification to be delivered to the attorney for the Commonwealth or the county, city, or town attorney prosecuting the case, such written certification shall be prima facie evidence that such oil was possessed pursuant to a valid written certification. §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, pleads guilty to or enters a plea of not
guilty to possession of a controlled substance under §18.2-250 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 (i) to successfully complete treatment or education program or services, (ii) 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, (iii) to make reasonable efforts to secure and maintain employment, and (iv) 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. The court shall, unless done at arrest, 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 and proceed as otherwise provided. Upon fulfillment of the terms and conditions, 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 §§ 18.2-259.1, 22.1-315, and 46.2-390.1, and the driver's license forfeiture provisions of those sections shall be imposed. 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. §18.2-252. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education. The trial judge or court trying the case of (i) any person found guilty of §18.2-259.1. Forfeiture of driver's license for violations of article. A. In addition to any other sanction or penalty imposed for a criminal violation of this article or for a civil violation of §18.2-250.1 committed by a juvenile, the (i) judgment of either a conviction under this article or a civil violation of §18.2-250.1 by a juvenile or (ii) placement on probation following deferral of further proceedings under §18.2-251 or subsection H of §18.2-258.1 for any such offense shall of itself operate to deprive the person so convicted or placed on probation after deferral of proceedings under §18.2-251 or subsection H of §18.2-258.1 of the privilege to drive or operate a motor vehicle, engine, or train in the Commonwealth for a period of six months from the date of such judgment or placement on probation. Such license forfeiture shall be in addition to and shall run consecutively with any other license suspension, revocation, or forfeiture in effect or imposed upon the person so convicted or placed on probation. However, a juvenile who has had his license suspended or denied pursuant to §16.1-278.9 shall not have his license forfeited pursuant to this section for the same offense. B. The court trying the case shall order any person so convicted or placed on probation or any juvenile so penalized for a civil violation of §18.2-250.1 to surrender his driver's license to be disposed of in accordance with the provisions of §46.2-398 and shall notify the Department of Motor Vehicles of any such conviction or judgment entered and of the license forfeiture to be imposed. C. In those cases where the court determines there are
compelling circumstances warranting an exception, the court may provide that
any individual be issued a restricted license to operate a motor vehicle for
any of the purposes set forth in subsection E of §18.2-271.1. No restricted
license issued pursuant to this subsection shall permit any person to operate a
commercial motor vehicle as defined in the Virginia Commercial Driver's License
Act (§46.2-341.1 et seq.). The court shall order the surrender of such
person's license in accordance with the provisions of subsection B and shall
forward to the Commissioner of the Department of Motor Vehicles a copy of its
order entered pursuant to this subsection. This order shall specifically
enumerate the restrictions imposed and contain such information regarding the
person to whom such a permit is issued as is reasonably necessary to identify
such person. The court shall also provide a copy of its order to such person
who may operate a motor vehicle on the order until receipt from the
Commissioner of the Department of Motor Vehicles of a restricted license, but
only if the order provides for a restricted license for that period. A copy of
the order and, after receipt thereof, the restricted license shall be carried
at all times by such person while operating a motor vehicle. The court may
require a person issued a restricted permit under the provisions of this
subsection to be monitored by an alcohol safety action program during the
period of license suspension. Any violation of the terms of the restricted
license or of any condition set forth by the court related thereto, or any
failure to remain drug-free during such period shall be reported forthwith to
the court by such program. Any person who operates a motor vehicle in violation
of any restriction imposed pursuant to this section §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 §18.2-308.1:5. Purchase or transportation of firearms prohibited for certain drug offenders. Any person who, within a 36-consecutive-month period, has been
convicted of two misdemeanor offenses under subsection B of former §
18.2-248.1:1 §18.2-308.09. Disqualifications for a concealed handgun permit. The following persons shall be deemed disqualified from obtaining a permit: 1. An individual who is ineligible to possess a firearm pursuant to §18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3 or the substantially similar law of any other state or of the United States. 2. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to §19.2-182.7 less than five years before the date of his application for a concealed handgun permit. 3. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:2 and whose competency or capacity was restored pursuant to §64.2-2012 less than five years before the date of his application for a concealed handgun permit. 4. An individual who was ineligible to possess a firearm under §18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit. 5. An individual who is subject to a restraining order, or to a protective order and prohibited by §18.2-308.1:4 from purchasing or transporting a firearm. 6. An individual who is prohibited by §18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section. 7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification. 8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance. 9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to §4.1-333. 10. An alien other than an alien lawfully admitted for permanent residence in the United States. 11. An individual who has been discharged from the armed forces of the United States under dishonorable conditions. 12. An individual who is a fugitive from justice. 13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn, written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts. 14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of §18.2-282 within the three-year period immediately preceding the application. 15. An individual who has been convicted of stalking. 16. An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions." 17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15. 18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit. 19. An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Article 1 (§18.2-247 et seq.) or former §18.2-248.1:1 or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories. 20. An individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Article 1 (§18.2-247 et seq.) or former §18.2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to §18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories or who was subject to a civil penalty for a violation of §18.2-250.1. §18.2-460. Obstructing justice; penalty. 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 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 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. §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 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 more than one pound
of marijuana in violation of 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.). §46.2-390.1. Required revocation for drug offenses or deferral of proceedings. A. Except as otherwise ordered pursuant to §18.2-259.1, the
Commissioner shall forthwith revoke, and not thereafter reissue for six months
from the later of (i) the date of conviction,
date of judgment for a violation of §18.2-250.1 by a
juvenile, or deferral of proceedings under §18.2-251 or
(ii) the next date of eligibility to be licensed, the driver's license,
registration card, and license plates of any resident or nonresident on
receiving notification of B. Any person whose license has been revoked pursuant to this section and §18.2-259.1 shall be subject to the provisions of §§46.2-370 and 46.2-414 and shall be required to pay a reinstatement fee as provided in § 46.2-411 in order to have his license restored. |
