Youngkin Wants to Add Two Marijuana Misdemeanors for Possession of More than Two Ounces and More than Six Ounces

Governor Glenn Youngkin has asked the General Assembly to approve creating two new marijuana misdemeanors: a Class Two misdemeanor for possessing more than two ounces and less than six ounces of marijuana, and a Class One misdemeanor for possessing more than six ounces but less than one pound of marijuana, the felony limit. Youngkin introduced the changes in an amendment to Senator Emmett Hanger’s (R-Augusta) SB 591, a ban on selling marijuana products in the shape of a human, animal, or fruit.

Hanger, who did not support marijuana legalization, said he preferred his bill the way the General Assembly passed it, but was part of discussions about the amendment with Secretary of Agriculture and Forestry Matt Lohr, Deputy Secretary Parker Slaybaugh, and Youngkin aide Matt Moran. Hanger advocated for another change also included in the amendments package prohibiting retail sale of synthetic delta-8, a type of THC which can be processed from hemp plants. Hanger said it’s commonly used in edibles and vape products.

In a 2020 study, the Joint Legislative Audit and Review Commission (JLARC) said that one ounce is a normal amount used by one person in a month. JLARC recommended “establishing clear, graduated civil or criminal penalties for possessing quantities of marijuana, concentrates, and infused products over a legal limit.”

“Penalties for marijuana possession above amounts needed for personal use may help deter illegal distribution. All states that have legalized or decriminalized marijuana establish specific civil and/or criminal penalties for possessing marijuana over the limit,” the report said.

Under current law, possession of more than one ounce of marijuana is punishable by a maximum $25 civil penalty, and possession of a pound or more is a felony punishable by a minimum of a year, a maximum of 10 years, and/or a fine of $250,000…. (Excerpt from the Virginia Star)