SB 542
[§ 4.1-1103 (Illegal sale, etc.) - match the penalties of § 4.1-302]
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1. Line 3031, substitute, after Class
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1
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2. At the beginning of line 3032, substitute,
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A
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In the event of a
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3. Line 3032, substitute, after section
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the remainder of line 3032
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, a jail sentence of no less than thirty days shall be imposed and in no case be suspended.
[New section to match § 4.1-303]
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4. After line 3035, substitute,
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§ 4.1-1104. Purchase of marijuana or marijuana products from person not authorized to sell; penalty.
A. If any person buys marijuana or marijuana products from any person not licensed by the Authority to sell marijuana or marijuana products, he shall be guilty of a Class 1 misdemeanor.
[Amends § 4.1-1105 (Purchase unlawful, etc.) to match the penalties of § 4.1-305]
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5. At the beginning of line 3062, substitute, after B.
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the remainder of line 3062 and through 18.2-251.02. on line 3083
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Any person found guilty of a violation of this section is guilty of a Class 1 misdemeanor, and upon conviction (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year; the license to operate a motor vehicle in the Commonwealth of any juvenile shall be handled in accordance with the provisions of § 16.1-278.9. The court, in its discretion and upon a demonstration of hardship, may authorize an adult convicted of a violation of this section the use of a restricted license to operate a motor vehicle in accordance with the provisions of subsection E of § 18.2-271.1 or when referred to a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court may require an adult who is issued a restricted license under the provisions of this subsection to be (a) monitored by an alcohol safety action program or (b) supervised by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol safety action program or local community-based probation services agency shall report to the court any violation of the terms of the restricted license, the required alcohol safety action program monitoring or local community-based probation services and any condition related thereto or any failure to remain marijuana-free during the suspension period.
C. When any adult who has not previously been convicted of underaged consumption, purchase, or possession of marijuana or marijuana products in the Commonwealth or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection B. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program or services shall be located in any of the judicial districts served by the local community-based probation services agency or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services rather than the alcohol safety action program, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.
Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.
D.
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6. At the beginning of line 3091, substitute,
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E.
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7. At the beginning of line 3093, substitute,
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[un-striking portions of § 18.2-248.01 and un-repealing § 18.2-248.1. The substitute title and enactments will be updated accordingly and removal of all sections affected by the cross-references needing put back in]
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10. Line 4490, substitute, after D.
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The terms "marijuana" and "marijuana products" when used in this article mean the same as defined in § 4.1-600.
[update remaining subsection lettering throughout § 18.2-247]
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§ 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.
Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) or in the Cannabis Control Act (§ 4.1-600 et seq.), it is unlawful for any person to process, sell, give, distribute or possess with intent to process, sell, give, or distribute marijuana or marijuana products as defined in § 4.1-600.
(a) Any person who violates this section with respect to:
(1) Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;
(2) More than one ounce pound but not more than five pounds of marijuana or marijuana products that are not packaged in accordance with the provisions of § 4.1-1405 is guilty of a Class 5 felony;
(3) (2) More than five pounds of marijuana or marijuana products that are not packaged in accordance with the provisions of § 4.1-1405 is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.
There shall be a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.
If such person proves that he processed, gave, distributed, or possessed with intent to give or distribute marijuana or marijuana products only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana or marijuana products to use or become addicted to or dependent upon such marijuana or marijuana products, he is guilty of a Class 1 misdemeanor.
(b) Any person who gives, distributes, or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility, as defined in § 53.1-1, or in the custody of an employee thereof is guilty of a Class 4 felony. [Update § 4.1-1117 from Class 1 misdemeanor to Class 4 felony]
(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000. [Update § 4.1-1102 from Class 6 felony to 5-30 years & fine not to exceed $10,000]
(d) (c) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth, and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.
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12. Line 4747, substitute, after substance
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or five or more pounds of marijuana
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or five or more pounds of marijuana