Marijuana reform in Virginia? Yes!

Although many states have moved forward to legalize marijuana, Virginia still is testing the waters. Last year, the Virginia Legislature allowed the use of medical cannabis products, including CBD oils, with low amounts of THC. During this year’s legislative session, the Virginia General Assembly moved one step further by decriminalizing (but not legalizing) simple marijuana possession. What does the new law say, and what does it mean for Virginia employers?

What does the statute say?

Under the new statute, individuals who are found to be in possession of one ounce or less of marijuana for personal use no longer will be criminally prosecuted but merely will pay a civil penalty of $25. The law also expands the definition of marijuana to include hashish oil, which is a concentrated cannabis extract containing up to 90 percent THC that can be smoked, vaped, eaten, or rubbed onto the skin.

The new legislation additionally requires all past and current misdemeanor arrests, charges, and convictions related to marijuana possession be sealed. That means they will be unavailable to the general public and all potential employers, including ones required by law to perform background checks, such as schools, daycare centers, and law enforcement. In line with the provisions, job applicants no longer will be required to disclose misdemeanor marijuana drug charges and arrests when applying for jobs in the Commonwealth. The new law will take effect July 1, 2020.

More changes in store?