Last Updated: 03 / 13 / 2005
Virginia's First Marijuana Law, 1936.

 

CHAP. 2l2. --An ACT to prohibit the sale, purchase, use, possession, delivery, distribution, transportation, growth, propagation or donation of. drug known as derivatives of plant cannabis sativa (L) and each sale, denvative, compound, mixture or preparation thereof; and to provide punishment therefor.

[S B 289]


Approved March 21, 1936


1. Be it enacted by the General Assembly of Virginia, That it shall be unlawful for any person or persons, firm or corporation to purchase, possess, sell, use, deliver, distribute, give away, grow, propagate, exchange or have under his control or in his possession, "cannabis," which includes the following substances under whatever name they may be designated:


(a) Mariahuana in cigarette form, or the dried flowering or fruiting tops or other parts of the pistillate or staminate plant cannabis sativa (L) or any other variety of cannabis from which the resin (cannabine) or other active principles have not been extracted.


(b) The resin or other active principles extracted from such tops or other parts of the plants.


(c) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or other active principles or of such tops or parts from which the resin and active principles have not been extracted.


All varieties of cannabis and mariahuana (when not used in accordance with a physician's directions) are hereby declared dangerous, detrimental to the public health and a nuisance, and their cultivation or growth within the limits of the State of Virginia is hereby declared unlawful and prohibited.


However, nothing in this act shall be construed as applying to licensed growers, licensed manufacturers of drugs and medicinal supplies, licensed wholesalers of drugs, owners of licensed pharmacies, licensed hospitals or other licensed institutions for the care of the sick under the supervision of a licensed physician, or to registered wholesale and retail pharmacists, or to licensed physicians, dentists and veterinarians who are registered, licensed and authorized to practice their professions under the laws of the State of Virginia when cannabis (and similar. plants) or the parts, preparations and compounds thereof are grown, possessed, purchased, sold, delivered, distributed, transported or prescribed for medicinal purposes.


Any person or persons violating any of the provisions of this act shall, upon conviction, be punished, for each offense, by imprisonment in the penitentiary not exceeding ten years or not less than one year, or by confinement in jail for not more than twelve months and by a fine of not more than one thousand dollars, or by both such fine and imprisonment, in the discretion of the court or jury.


From Acts of the Virginia General Assembly, 1936. pages 361 - 362


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