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2007 SESSION
072193554Be it enacted by the General Assembly of Virginia:
1. That § 18.2-250.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-250.1. Possession of marijuana unlawful.
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for violation of
this section, ownership or occupancy of the premises or vehicle upon or in
which marijuana was found shall not create a presumption that such person
either knowingly or intentionally possessed such marijuana.
Any person who violates this section
shall be subsection is
guilty of a misdemeanor, and shall be confined in jail not more
than thirty 30 days
and shall be ordered to pay a fine of not
more than $500, either or both; any person, upon a second or subsequent
conviction of a violation of this section, shall
be subsection, is
guilty of a Class 1 misdemeanor.
B. Any person who knowingly or intentionally possesses marijuana (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or post-secondary school, or any public or private two-year or four-year institution of higher education or (ii) on any school bus as defined in § 46.2-100, is guilty of a Class 1 misdemeanor, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
C. Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
B.D. The
provisions of this section shall not apply to members of state, federal,
county, city or town law-enforcement agencies, jail officers, or correctional
officers, as defined in § 53.1-1, certified as handlers of dogs trained in the
detection of controlled substances when possession of marijuana is necessary
for the performance of their duties.