Virginia Law and Penalties for Possession of THC Oil & Hash Oil

Possession of THC Oil & Cannabidiol Oil is prosecuted under Va Law § 18.2-250 as a Class 5 Felony for Possession of Schedule I Controlled Substance. The maximum penalty in Virginia for a Class 5 Felony drug possession offense is 10 years in prison, ASAP drug education classes, payment of a $2500 fine, loss of driver’s license for a period of 6 months, and probation.

Schedule 1 oils include: Tetrahydrocannabinols (except as present within marijuana), Hashish oil (AKA hash oil; liquid marijuana; liquid hashish).

In Virginia, Hashish oil means any oily extract containing one or more cannabinoids with a tetrahydrocannabinol content of 12 percent or greater by weight.

Marijuana laced with oil containing 12 percent or more tetrahydrocannabinol is classified as a Schedule 1 controlled substance under Virginia law.

Tetrahydrocannabinol or THC means the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives, of the genus Cannabis, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity.


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This article is written by top rated Virginia drug defense attorney Marina Medvin. She successfully represents individuals charged with drug crimes in Alexandria, Arlington, Fairfax, Vienna and Falls Church. In addition to her Juris Doctorate degree, Ms. Medvin has a Bachelor of Science Honors Degree from Penn State, where she graduated in the Top 10% of her class. Both a legal and a science background is recommended for defense of chemical analysis cases because of the scientific processes and expert witnesses involved. Please call for an attorney consultation request.

 


Virginia Law and Penalties for Possession of THC-A Oil and Cannabidiol Oil

Possession of THC-A oil and Cannabidiol oil are prosecuted under VA law § 18.2-250.1 as misdemeanor Possession of Marijuana offenses.

Under Virginia law, the following definitions apply:

THC-A oil means a processed Cannabis plant extract that contains at least 15 percent tetrahydrocannabinol acid but not more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of tetrahydrocannabinol acid per milliliter but not more than five percent tetrahydrocannabinol.

Cannabidiol oil means a processed Cannabis plant extract that contains at least 15 percent cannabidiol but no more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of cannabidiol per milliliter but not more than five percent tetrahydrocannabinol.

Marijuana under Virginia law means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana does not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, or the mature stalks of such plant, fiber produced from such stalk, oil or cake made from the seed of such plant, unless such stalks, fiber, oil or cake is combined with other parts of plants of the genus Cannabis.


All Northern Virginia police departments and courts – Alexandria, Arlington, and Fairfax – apply Virginia’s drug laws and penalties to their fullest extent. 
Click here to review our full drug law blog with lists of penalties and defenses. 

 

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