THC oil contains tetrahydrocannabinol, which is a Penalty Group 2 substance. Traditionally with a blunt or a joint, the weight of the marijuana alone would determine what class of misdemeanor or felony the accused would be charged with. However, the presence of tetrahydrocannabinol oil automatically makes it a felony offense.
Full Answer
Is it a felony to distribute marijuana in Virginia?
As with other drugs, Virginia law makes it a felony to grow, sell, or possess substantial amounts of marijuana with the intent to distribute it. Unlike other forms of drugs, however, the penalties for distributing marijuana can vary based on the amount of drugs in your possession.
Is it legal to vape THC oil?
But if your THC oil comes from industrial hemp, it is considered legal and can be safely consumed. Now, if you are using THC oil from medical marijuana, you may be violating the law, depending on where you live. A total of 28 states have made the use of THC vaporizing oils legal for medical marijuana purposes.
Isthc vaping legal?
THC vaping is a complicated legal issue. Depending on where you live, the concentration of THC, and the use, all dictate whether or not it is legal. THC or CBD oil comes from the hemp plant. THC is the psychoactive agent in cannabis.
What happens if you get caught with THC in your vape?
When vape pens or e-cigarettes containing THC are detected, police are called in. Students who are arrested for possession of THC-based vaping products are now facing felony charges. According to Texas Education Agency data, the number of incidents involving student arrests or expulsions has more than doubled within the past year.
What is a dab pen?
A dab pen is a device used to consume concentrates of THC, usually in the form of wax, budder, or shatter. They are similar in design and function to vape pens but vary in the type of substance used within them.
When will marijuana be legalized in Virginia?
More recently, Virginia saw another major development regarding cannabis. On April 7, 2021, the Virginia General Assembly agreed to make it legal for adults 21 years of age and older to possess up to an ounce of marijuana on July 1, 2021, almost three years sooner than what had been approved in February. Originally, the legalization date was set for Jan. 1, 2024. However, Gov. Ralph Northam added amendments to fast-track the legalization. This makes Virginia the 16th state to legalize marijuana for recreational use and the first in the South to do so. However, retail sales will not begin until Jan. 1, 2024.
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Is it illegal to have a dab pen in Virginia?
Possessing a dab pen in Virginia used to be a felony punishable by up to 10 years in jail, a $2,500 fine, and probation. However, that is no longer the case. Since July 1, 2020, Virginia has treated hash oil, the concentrated cannabis extract used in dab pens, the same as other forms of marijuana. According to Virginia Code § 54.1-3401, the definition of marijuana includes “every compound, manufacture, salt, derivative, mixture, or preparation of [the cannabis plant], its seeds, its resin, or any extract containing one or more cannabinoids.”
Who is the attorney for marijuana in Northern Virginia?
If you or a loved one are facing marijuana possession, sale, or distribution charges in Northern Virginia, contact attorney Christie A. Leary, and Leary Law, P.C. right away. She has extensive experience handling a wide variety of drug charges and will be ready to put her skills and experience to work for you.
Is marijuana a criminal offense in Virginia?
In 2020, Virginia decrimina lized marijuana and reduced possession penalties to a $25 civil penalty, which means that you will not have a mark on your criminal record. The law established that there would be no jail time for amounts up to an ounce. In the past, these offenses were criminal misdemeanors with punishments of a $500 fine and up to 30 days in jail.
What is the penalty for a bidi violation?
A violation of subsection A or C by an individual or by a separate retail establishment that involves the sale, distribution, or purchase of a bidi is punishable by a civil penalty in the amount of $500 for a first violation, a civil penalty in the amount of $1,000 for a second violation, and a civil penalty in the amount of $2,500 for a third or subsequent violation. Where a defendant retail establishment offers proof that it has trained its employees concerning the requirements of this section, the court shall suspend all of the penalties imposed hereunder. However, where the court finds that a retail establishment has failed to so train its employees, the court may impose a civil penalty not to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi.
How old do you have to be to sell a tobacco product?
No person shall sell a tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.
What is the penalty for a violation of subsection A or C?
A violation of subsection A or C by an individual or by a separate retail establishment that involves a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi is punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.
What is the age limit for smoking in the military?
The provisions of subsections B and C shall not apply to the sale, giving, or furnishing of any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking to any active duty military personnel who are 18 years of age or older. An identification card issued by the Armed Forces of the United States shall be accepted as proof of age for this purpose.
What is the age limit for possession of tobacco products?
B. No person less than 21 years of age shall attempt to purchase, purchase, or possess any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking. The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking by a person less than 21 years of age (i) making a delivery of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1. This subsection shall not apply to purchase, attempt to purchase, or possession by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.
How old do you have to be to smoke hemp?
Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age.
How much is a violation of subsection B?
A violation of subsection B is punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
What About Marijuana Derivatives?
The legalization of marijuana in many other states has led to an explosion in the production and use of different types of marijuana oils and resins.
What is the penalty for possession of an ounce of marijuana?
It is punishable by a fine of up to $2,500 and up to a year in jail.
What are the penalties for possession of a controlled substance in Virginia?
Normally, the penalties for the possession of a controlled substance in Virginia include community service, a fine, and possibly jail time.
Is it a felony to grow marijuana in Virginia?
As with other drugs, Virginia law makes it a felony to grow, sell, or possess substantial amounts of marijuana with the intent to distribute it .
Is marijuana possession a criminal offense in Virginia?
Specifically, due to a change in Virginia’s marijuana laws that came into effect on July 1st, 2020, marijuana possession (of less than one ounce) is no longer a criminal offense, and instead counts as a civil infraction.
When will marijuana be decriminalized in Virginia?
Due to several recent changes to Virginia’s marijuana laws, the drug is effectively decriminalized as of July 1st, 2020.
Does Virginia have a marijuana law?
The Virginia Code treats marijuana possession differently than it does for other controlled substances.
What is THC?
THC (Tetrahydrocannabinol) oil is made from the marijuana (cannabis) plant and usually appears as a thick and sticky oil with a golden or brown color. A vaping device is used to heat the THC oil into a vapor which is inhaled by the user. Many vaping devices are small and can be easily mistaken for common household items such as a pen or USB device.
How many cases of juvenile probation are there in 2019?
As of December 3, 2019, the Juvenile Probation Department reports a frightening two hundred forty-eight (248) cases for the 2019 calendar year!”.
What to do if your child is charged with THC possession?
If your child is facing a felony charge for THC possession or any type of related offense, it’s important to reach out to an experienced juvenile criminal defense lawyer as soon as possible. In many cases, we have been able to seal a juvenile’s record so that he or she can have the best chance at a successful future.
Does vaping affect your health?
Vaping THC not only affects your physical health, but the legal consequences if caught for possession of THC can affect future employment, residency status, college acceptance, scholarship applications, military recruitment and Section 8 Housing eligibility.
How many states have legalized vaporizing THC?
A total of 28 states have made the use of THC vaporizing oils legal for medical marijuana purposes. But you need to follow the laws within your state to safely use THC vaporizing oils at the proper concentration and with a doctor’s prescription to obtain it.
How many states have approved THC oil?
However, only 44 states have approved the use of THC oils, so where you live could dictate if you are legally able to use THC oil without consequences or penalties. When it comes to vaping, it is another legal issue altogether. If THC oil vaporizing is used as a cure, treatment, or prevention method, it is thought of like a drug by the FDA.
How much THC is in hemp?
Industrial hemp must contain less than 0.3 percent THC to be considered legal and over a 0.3 percent concentration to be considered illegal. THC that is produced from industrial hemp walks a fine line of being legal with a few exceptions. READ RELATED STORY.
What is THC in vaping?
THC is the psychoactive agent in cannabis. It is often used in vaping as pens, and other devices have hit the mainstream. Vaping has reached an all-time high as more and more people turn to it as an alternative to smoking cigarettes. While not all vaping uses THC products, many individuals have turned to this alternative as a way ...
What to do if you are arrested for possession of THC?
If you are arrested for THC possession with a vape pen or other device, you may want to consider the help of a criminal defense lawyer. They can fight a THC possession charge and prove the complexities of your case. It can be easy for anyone to misunderstand the laws for THC, especially when it comes to vaping.
Can you smoke THC oil?
You also may use THC oil or THC vape juice if you live in a state that allows the use of recreational marijuana. THC, while illegal under federal law, is legal in four states for recreational use and would be able to be smoked without penalty under the laws of your state. READ RELATED STORY.
Is hemp oil legal?
While industrial hemp is legal under the Agriculture Act, this differs from some THC vaporizing oil products. But, some THC oils are produced from industrial hemp, begging the question if it is legal. Industrial hemp must contain less than 0.3 percent THC to be considered legal and over a 0.3 percent concentration to be considered illegal.
