Driving under the influence of marijuana is a crime in Virginia. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers. Also, while Virginia allows medical marijuana use under limited circumstances, it is still a crime to drive after such use.
For information about how Virginia treats marijuana possession, sale, and manufacture, see Virginia Marijuana Laws.
It is illegal to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence).
When marijuana is involved, however, any amount of marijuana that was in the driver’s blood or urine while he was driving will establish that the driver was under the influence. (Va. Code Ann. § 18.2-266.)
Penalties vary according to whether the offense is a first of subsequent conviction, and the judge may order use of an ignition interlock device after the term of license suspension is over. Increased penalties will apply to offenses that occurred while a minor was in the vehicle.
If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.