Virginia Code

Va. Code Ann. § 18.2-250.1 (2026)

Repealed

✓ current as of May 2026

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Repealed by Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 3, effective July 1, 2021.

Notes of Decisions

Cited in 155 cases (43 in the last 5 years), 1981–2026 · leading case: Commonwealth v. White, 799 S.E.2d 494 (Va. 2017).

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Commonwealth v. White, 799 S.E.2d 494 (Va. 2017). · cites it 2× “The trial court also convicted White of marijuana possession, in violation of Code § 18.2-250.1, but he did not appeal that conviction.”

Pierce v. Commonwealth, 345 S.E.2d 1 (Va. Ct. App. 1986). · cites it 12× “The Commonwealth, anticipating an instruction on the lesser included offense of “possession of marijuana,” attempted to introduce certified copies of two previous convictions of that offense in order to take advantage of the enhanced punishment provisions in Code § 18.2-250.1.…”

Logan v. Commonwealth, 600 S.E.2d 133 (Va. Ct. App. 2004). · cites it 16× “She was charged with a misdemeanor of possessing marijuana, in violation of Code § 18.2-250.1, and with a felony of delivering marijuana to a prisoner, in violation of Code § 18.”

Staton v. Commonwealth, 549 S.E.2d 627 (Va. Ct. App. 2001). · cites it 8× “2d 358, 360 (1982) (citing Code § 18.2-250.1). However, evidence of ownership or occupancy is probative on the question and constitutes a circumstance that may be considered along with other evidence.”

Breeden v. Commonwealth, 596 S.E.2d 563 (Va. Ct. App. 2004). · cites it 4× “2-91; and possession of marijuana, in violation of Code § 18.2-250.1. On appeal, Breeden contends the trial court erred in finding the evidence sufficient to support each of these convictions and in admitting evidence of the complaining witness’ recent complaints of rape under…”

Green v. Commonwealth, 528 S.E.2d 187 (Va. Ct. App. 2000). · cites it 8× “Tommy Green (appellant) was convicted in a bench trial of misdemeanor possession of marijuana, in violation of Code § 18.2-250.1, possession of cocaine, in violation of Code § 18.”

Walton v. Commonwealth, 497 S.E.2d 869 (Va. 1998). · cites it 4× “I On January 18, 1996, following a bench trial, the Circuit Court of the City of Salem convicted Eric Cooper Walton of possession of marijuana, in violation of Code § 18.2-250.1. The court sentenced Walton to 30 days in jail, with all but four days suspended, and fined him $200.”

Armstrong v. Commonwealth, 549 S.E.2d 641 (Va. Ct. App. 2001). · cites it 4× “NOTES [1] Appellant was also convicted of possession of marijuana, in violation of Code § 18.2-250.1, which is not the subject of this appeal.”

Peterson v. Commonwealth, 363 S.E.2d 440 (Va. Ct. App. 1987). · cites it 6× “” The defendant and the Commonwealth subsequently orally plea-bargained that the defendant would plead guilty to unlawful possession of marijuana in violation of Code § 18.2-250.1 and receive a sentence of twelve months in jail and a $400 fine.”

Maxwell v. Com., 657 S.E.2d 499 (Va. 2008). · cites it 2× “2-248, and possession of marijuana, in violation of Code § 18.2-250.1. The jury fixed the defendant's punishment at seven years in the penitentiary on the cocaine charge and thirty days in jail on the marijuana charge.”

Emerson v. Commonwealth, 597 S.E.2d 242 (Va. Ct. App. 2004). · cites it 2× “Emerson was also charged with possession of marijuana, in violation of Code § 18.2-250.1. After the trial court denied his motion to suppress, Emerson pled guilty to this charge and was convicted of it.”

Armstead v. Commonwealth, 695 S.E.2d 561 (Va. Ct. App. 2010). · cites it 2× “3, driving on a suspended or revoked operator’s license (second or subsequent offense) in violation of Code § 46.”

Show all 155 citing cases →

— Va. Code Ann. § 18.2-250.1(A) — 22 cases

Pierce v. Commonwealth, 345 S.E.2d 1 (Va. Ct. App. 1986). “The Commonwealth, anticipating an instruction on the lesser included offense of “possession of marijuana,” attempted to introduce certified copies of two previous convictions of that offense in order to take advantage of the enhanced punishment provisions in Code § 18.2-250.1.…”

Peterson v. Commonwealth, 363 S.E.2d 440 (Va. Ct. App. 1987). “” The defendant and the Commonwealth subsequently orally plea-bargained that the defendant would plead guilty to unlawful possession of marijuana in violation of Code § 18.2-250.1 and receive a sentence of twelve months in jail and a $400 fine.”

Maye v. Commonwealth, 605 S.E.2d 353 (Va. Ct. App. 2004).

Staton v. Commonwealth, 549 S.E.2d 627 (Va. Ct. App. 2001). “2d 358, 360 (1982) (citing Code § 18.2-250.1). However, evidence of ownership or occupancy is probative on the question and constitutes a circumstance that may be considered along with other evidence.”

Wilson v. Commonwealth, 630 S.E.2d 326 (Va. 2006).

— Va. Code Ann. § 18.2-250.1(B) — 4 cases

Brandon Gary Harvell v. Commonwealth of Virginia (Va. Ct. App. 2024).

Pierre Le'Shon Paige v. Commonwealth of Virginia (Va. Ct. App. 2024).

Commonwealth of Virginia v. Bobby Eugene Branch (Va. Ct. App. 2022).

Commonwealth of Virginia v. Ambritt Lavette Spencer (Va. Ct. App. 2023).

— Va. Code Ann. § 18.2-250.1(C) — 1 case

Commonwealth of Virginia v. Bobby Eugene Branch (Va. Ct. App. 2022).

— Va. Code Ann. § 18.2-250.1(F) — 17 cases

James Jesus Montgomery v. Commonwealth of Virginia (Va. Ct. App. 2022).

Michael Angelo Street v. Commonwealth of Virginia (Va. Ct. App. 2022).

David Brian Loeper, II v. Commonwealth of Virginia (Va. Ct. App. 2023).

Bradly Ellsworth Hicks v. Commonwealth of Virginia (Va. Ct. App. 2022).

Taylor Ellesse Goodwin v. Commonwealth of Virginia (Va. Ct. App. 2022).

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