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The State Laws of Virginia

The State Laws of Virginia


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Virginia Abortion Laws

Within the state of Virginia, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Virginia state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    Abortions occurring during the first trimester of birth are not restricted, second trimester abortions must be authorized by an accredited medical professional, and third trimester may occur only in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy– only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Virginia

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol; punishment for unlawful abortions are considered to be a Class 4 Felony – unlawful coercion is considered to be a Class 3 Misdemeanor

•    A Class 4 Felony may include Incarceration ranging from 2 to 10 years and/or $100,000 fines

Virginia Marijuana Laws

Within the state of Virginia, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Virginia State Government is a punishable, criminal offense. The follow

Possession/Under the Influence of Marijuana

1.    Amount: Any (first offense)

•    Penalty: 30 days’ incarceration

•    Fines: $500

•    Classification: Misdemeanor

2.    Amount: Any (second offense)

•    Penalty: 1 years’ incarceration

•    Fines: $2,500

•    Classification: Misdemeanor

Cultivation of Marijuana

3.    Amount: Any

•    Penalty: 5 – 30 years’ incarceration

•    Fines: $10,000

•    Classification: Felony

Sale and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

4.    Amount: less than 1/2 ounce

•    Penalty: 1 year incarceration

•    Fines: $2,500

•    Classification: Misdemeanor

5.    Amount: ½ ounce – 5 pounds

•    Penalty: 1 to 10 years’ incarceration

•    Fines: $2,500

•    Classification: Felony

6.    Amount: 5 pounds – 100 kilograms

•    Penalty: 5to 30 years’ incarceration

•    Fines: $2,500

•    Classification: Felony

7.    Amount: 100 kilograms +

•    Penalty: minimum of 20 years’ incarceration

•    Fines: $1,000,000

•    Classification: Felony

Medical Marijuana

Within the state of Virginia, Medical Marijuana is considered to be illegal both for patient use and cultivation

Virginia DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Virginia:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Virginia, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Virginia, Upon a DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle 

•    Supplementary penalties may be incurred due to BAC levels exceeding .20%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Virginia, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 1 years’ time;  penalties can range upwards of 3 years in addition to the installation of an ignition interlock device

Virginia Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Virginia, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, resident aliens,  or individuals who have been in long-term care in a mental health facility is illegal in the state of Virginia;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A 1-day law enforcement officiated waiting period for the purchase of a firearm exist in the state of Virginia

•    Current listing or report of forearms considered to be illegal in the state of Virginia: sawed-off shotgun or rifle, machine guns, and silenced weapons

•    Minors are only permitted to own handguns

Virginia Adoption Laws

In the state of Virginia, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

•    Within the state of Virginia, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Virginia, the Department of Public Welfare or Social Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 6 months’ time subsequent to the adoption

Virginia Employment and Labor Laws

•    Within the state of Virginia, the minimum wage is $6.55 – $7.25 awarded per hour of labor

•    Within the state of Virginia, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Virginia Divorce Laws

Within the state of Virginia, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Virginia; individuals undergoing divorce proceedings are considered to be unable to legally remarry

•    ‘No Fault’ divorce does exist on the grounds of a 1-year separation

•    Additional grounds for divorce are a 1-year separation, adultery, criminal conviction(s), and cruelty

Virginia Death Penalty Laws

Within the state of Virginia, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 16

•    Within the state of Virginia, homicide is considered to be the only crime punishable by death

•    The accepted means of capital punishment is lethal injection or electrocution

Virginia Gambling Laws

Within the state of Virginia, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Greyhound racing is illegal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Virginia

Virginia Child Laws

Within the state of Virginia, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision