Virginia HB 1432

Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.