By Criminal Defense Attorney Patrick Woolley of Price Benowitz LLP
Currently in the Virginia General Assembly, lawmakers are deciding on two marijuana bills.
If either one is passed, it would mean that fewer people would face jail time and a permanent criminal record for acts that are no longer considered illegal in many other parts of the country.
“House Bill 2371 is the more promising of the two,” says Patrick Woolley of Price Benowitz, LLP, “but any law that would allow more people to retain their freedom is a good one. As it is, too many Virginians are in jail for something that is now considered such a trivial matter.”
HB 2371 would make marijuana legal for anyone over the age of 21 that wishes to purchase and use it. The bill would also include regulations for those that want to grow marijuana in addition to establishing a framework for manufacturing, testing and selling the drug at a retail level.
If passed, retail products would have a 9.7 percent tax added to them, making for a total sales tax of 15 percent. The revenue generated from these taxes would go towards funding public education.
This law also outlines the use of marijuana by those under the age of 21. Instead of facing possession charges, these individuals would only face a $50 violation fine for any amount under two and one-half ounces.
HB 2371 is not the only marijuana law on the table. Another bill, House Bill 2373 is not looking to legalize marijuana, just decriminalize it. This means those over the age of 21 will not face any criminal penalties if they are found in possession of marijuana. Anyone under the age of 21 with marijuana will face a civil penalty of a maximum $100 fine.
These are just two of the ten bills relating to marijuana that Virginia lawmakers are debating this session. While it may be slow, progress is coming to Virginia and that progress is good news to anyone that is currently facing charges, or has already been charged, with a simple possession offense.
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