Can a person be arrested for possession of medical marijuana in a state where it is illegal?

Yes, a person can be arrested for possession of medical marijuana in a state where it is illegal, such as Virginia. As of the time of this writing, medical marijuana laws in Virginia have not been passed. This means Virginia residents are not allowed to possess marijuana, either for medical or recreational purposes. Possession of medical marijuana is illegal and those found in violation of the law can be issued a criminal summons, fined, and face jail time. Even though some states have legalized medical marijuana, this does not mean it is legal in all states. It is important to note that due to federal law, it is still considered illegal for any person to possess marijuana in any state. In 2017, Attorney General Jeff Sessions issued a memo which advises that federal prosecutors should prioritize prosecution of those who violate federal marijuana laws. Because of this, it is possible for people to be arrested for possession of medical marijuana in states where it is illegal. In order to avoid arrest, those looking to use medical marijuana should become aware of the current laws in their state, and make sure to adhere to them. Looking for information online and speaking to a qualified lawyer are two good ways to stay informed.

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