Dab - Wax Pens are Felonies if Possessed in VA

Why You Should NEVER Bring Your Dab Pen or MJ Vape Pen Back to VA - It's a Felony

Possession of THC Oil, Hash Oil, Dab Pens, and Marijuana Vape Pens are a felony in Virginia punishable by up to 10 years in jail, a $2,500 fine, a 6 months license suspension, and probation. Virginia Code Section 54.1-3446 lists “hashish oil” as a Schedule I Substance, which makes it punishable under Virginia Code Section 18.2-250, the same criminal code section that possession of cocaine, meth, and heroin are punished under.  

So how do you know if your dab pen or marijuana oil qualifies as “hash oil” in Virginia? Well that part is actually pretty simple. If the concentration of THC present is 12% or higher then the item is hash, and possession of it in Virginia is a Felony. Virginia Code Section 54.1-3401. 

If the concentration of THC is less than 12% then it is considered possession of marijuana and punished as an unclassified misdemeanor in Virginia with a possible penalty of up to 30 days in jail for a first offense, and a class 1 misdemeanor with a possible penalty of up to 12 months in jail for a second or subsequent offense.

The bottom line - if you bought a dab pen in another state such as DC and bring it to Virginia you are risking serious felony charges. Call now to schedule a free confidential consultation.

RESOURCES:

Virginia Drug Crimes

Virginia Drug Crimes Basic Defenses

Virginia Drug Possession First Offender Program