Marijuana Submission Guidelines

Marijuana Submission Guidelines – As of July 1, 2022

The table below summarizes current submission guidelines for marijuana evidence, based on the marijuana legislation that went into effect on July 1, 2022. This guidance is applicable to evidence submitted alone or with other suspected controlled substances.

DFS remains unable to distinguish whether any cannabinoids identified in edibles, seeds, or residues are hemp-derived or marijuana-derived due to low THC concentration, insufficient sample quantity, or complex sample matrix.

Statutory References:

§ 4.1-1100 – Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties

§ 4.1-1105.1 – Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services

§ 4.1-1107 – Using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway; penalty

§ 4.1-1108 – Consuming marijuana or marijuana products, or offering to another, in public place; penalty

§ 4.1-1109 – Consuming or possessing marijuana or marijuana products in or on public school grounds; penalty

§ 4.1-1110 – Possessing or consuming marijuana or marijuana products while operating a school bus; penalty

§ 18.2-248.1 – Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana