Virginia State Police Clarifies Marijuana Enforcement After Internal Email Sparks Confusion

Internal Email Mischaracterized Possession Enforcement

The original internal communication incorrectly suggested troopers couldn't issue citations for marijuana possession under certain circumstances, contradicting the statutory framework enacted in the 2024 General Assembly session. The email circulated among field units on July 5, 2026, according to sources familiar with the matter. Three days later, Virginia State Police spokesperson Corinne Geller confirmed the agency distributed corrective guidance to all sworn personnel.

The confusion centered on possession thresholds and citation authority. Virginia law permits adults 21 and older to possess up to one ounce of marijuana. Possession above that limit remains a civil violation punishable by a $25 fine for a first offense.

Corrective Guidance Restates Citation Authority

The July 8 clarification memo reaffirmed that troopers retain full authority to issue civil citations for possession amounts exceeding one ounce, consistent with Virginia Code § 4.1-1301. It also addressed questions about odor-based probable cause and vehicle search protocols—areas where field officers reported operational ambiguity.

Geller said the agency doesn't believe the three-day gap resulted in enforcement lapses. "Our troopers are trained to apply the law as written," she said in a statement to Virginia Scope. "The clarification simply ensured uniform interpretation across all divisions."

Statute Enacted in 2024 Session

The possession framework took effect July 1, 2024, following passage of HB 698 and SB 391 in the General Assembly. Both bills passed with bipartisan support—HB 698 cleared the House 58-39, SB 391 the Senate 23-17—and were signed by Governor Glenn Youngkin on March 22, 2024.

Decriminalization applies to possession of up to one ounce for adults. The legislation established civil penalties for amounts between one ounce and one pound, while possession above one pound remains a Class 5 felony.

Field Officers Reported Conflicting Guidance

Multiple troopers contacted supervisors between July 5 and July 7 seeking clarification on citation procedures, prompting the corrective memo. The agency didn't disclose how many officers received the original email or which divisions were affected.

The three-day window raised concerns among criminal-justice advocates that enforcement inconsistencies could result in selective citation practices, particularly in traffic stops.

No Retail Market in Virginia

Virginia remains one of 18 states that have legalized adult possession without establishing a licensed retail market. The 2024 legislation didn't authorize commercial sales, cultivation licensing, or dispensary operations. Retail-framework bills stalled in both the 2025 and 2026 sessions.

For full background on this story, see the CannIntel topic hub on Virginia marijuana law.

What Comes Next

State Police expect to incorporate the memo into updated training materials for the agency's annual in-service sessions in September 2026. Geller said the agency will review internal-communication protocols to prevent similar confusion in future statutory updates.

Criminal-justice reform groups, including the ACLU of Virginia, have requested copies of both the original email and the corrective memo under the Virginia Freedom of Information Act. Those requests remain pending as of July 8.