25.00 fine for up to a elbow out on the town.
Ok but can you imagine walking around with a pound of concentrate on you?
# Plants | Offense | Type | Penalty |
---|---|---|---|
1-4 | N/A - Permitted | N/A | N/A |
5-10 | First | Civil | $250 Fine |
5-10 | Second | Class 3 Misdemeanor | Up to $500 Fine |
5-10 | Third or More | Class 2 Misdemeanor | Up to 6 Months Imprisonment Up to $1000 Fine |
11-49 | Any | Class 1 Misdemeanor | Up to 12 Months Imprisonment Up to $2500 Fine |
50-100 | Any | Class 6 Felony | Up to 5 Years Imprisonment Up to $2500 Fine |
100+ | Any | Felony | 1-10 Years Imprisonment Up to $250,000 Fine |
The $25 civic fine is what I'm talking about. As of now, all consumable "Marijuana" is equal since they haven't specified on anything to my understanding. There isn't anything written as to a difference between flower or concentrate as far as I can tell. Or at least, that I've been able to find.Not sure where the "pound of concentrate" comes from...maybe it comes from the medical card permissions?
The recreational law permits "one ounce of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board" (Sec 4.1-1100A). We have to wait for the state Cannabis Control Board to be established and issue regulations to tell us what the equivalent amount is for each type of product (edibles, concentrates, etc). Penalty for between one ounce and one pound (or equivalent) is a civil penalty of $25. Penalty for over one pound (or equivalent) is a felony (1-10 yrs imprisonment, and up to $250,000 fine).
The law addresses possession "on [someone's] person or in any public place". Technically, "on [someone's] person" can also be applied to mean "on their property" (i.e., in their home). How this will apply to home cultivation is another area that we'll need the state Board to issue guidance on.
For home cultivation, the penalties are as follows (Sec. 4.1-1101D):
The legislation includes a definition for "immature plants" (i.e., seedlings < 8 inches in height or diameter in a container). But, the section on home cultivation does not distinguish between mature or immature plants. So, technically, we are prohibited from germinating seedlings to get a headstart on the next grow cycle if we already have four plants growing. Oh yeah, plus the whole "still illegal to sell or buy seeds or cuttings, or to mail them...or to cross state lines with them".
# Plants Offense Type Penalty 1-4 N/A - Permitted N/A N/A 5-10 First Civil $250 Fine 5-10 Second Class 3 Misdemeanor Up to $500 Fine 5-10 Third or More Class 2 Misdemeanor Up to 6 Months Imprisonment
Up to $1000 Fine 11-49 Any Class 1 Misdemeanor Up to 12 Months Imprisonment
Up to $2500 Fine 50-100 Any Class 6 Felony Up to 5 Years Imprisonment
Up to $2500 Fine 100+ Any Felony 1-10 Years Imprisonment
Up to $250,000 Fine
As a community, Virginia growers still have a number of clarifications / requests for guidance to lobby the board for once they actually get established...anyone wanna start a change.org petition?
Ah, cool - I see it now - they define marijuana to be "plant or any extract", so concentrate = dry buds until they say different.The $25 civic fine is what I'm talking about. As of now, all consumable "Marijuana" is equal since they haven't specified on anything to my understanding. There isn't anything written as to a difference between flower or concentrate as far as I can tell. Or at least, that I've been able to find.
I thinking of selling tags. Think that’s legal. Right now I have 0 plants under the law.