University of Virginia Library

Lower Penalties

The Senate committee decided not to
change the Delegates' decision to make the first
offense possession of all non-narcotic drugs -
such as amphetamines and marijuana -
misdemeanors.

Under the present state law, possession of
more than 25 grains of marijuana is a felony
with a minimum punishment of 20 years in
prison.

The Senate committee also amended the bill
so that in the second offense for possession of
any drug, the court would have the discretion
for imprisonment of up to one year or of a fine
up to $10,000 or both. The Delegates had
decided that a second offense should be
punishable by one to five years imprisonment
or an unspecified fine or both.

A second offense for the possession of any
drug, including marijuana, would still be a
felony under the proposed bill.

In commenting on these proposals, Dr.
Buckman stated that he was "relieved that the
Senate had modified the definition of felony"
and that it had left the penalty up to the
court's discretion. Dr. Buckman stated that the
year's imprisonment in a first offense for
possession "could be suspended" and was "an
enlightened change."

He was also pleased that the first offense for
the possession of non-narcotic drugs was
changed from a felony to a misdemeanor. He
stated that a "misdemeanor can disappear from
a person's record, while a felony cannot."