Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Can a Virginia general registrar speak about voter registration at a Rotary Club, League of Women Voters, or other private civic group meeting without violating the state's ban on private election funding?
Yes. The 2020 statute that bars election offices from accepting private money or services for election work does not reach an unpaid invitation to speak at a private, non-partisan civic meeting. The r…
Can the Governor of Virginia create a Chief Diversity, Opportunity & Inclusion Officer position in the cabinet by executive order, when state law also creates a Director of Diversity, Equity, and Inclusion?
Yes. The Governor's general executive authority under Article V, plus statutes giving him control over executive branch policy and personnel, lets him designate additional cabinet officers by executiv…
If I create a family subdivision in rural Virginia, do VDOT's highway access standards still apply to my new driveway entrance, or am I exempt because the lot is family-only?
VDOT's Access Management Design Standards still apply. A family subdivision is exempt from much of the local subdivision ordinance, but it is not exempt from state law. If the new entrance qualifies a…
When my Virginia general registrar's four-year term ends, does the electoral board have to reappoint the incumbent, or can it pick someone new?
The board does not have to reappoint the incumbent. State law gives the board discretion to pick someone else when the four-year term ends, but the decision must be on legitimate grounds, not politics…
Can a Virginia smoke shop or 'members-only' club legally give away free marijuana with each merchandise purchase, since recreational sales are not yet legal?
No. The AG concluded that 'gifting' marijuana to customers tied to (or in proportion to) a separate purchase is illegal distribution under § 18.2-248.1. The Cannabis Control Act's 'adult sharing' exce…
I have an ATV or UTV registered in another state. Can I drive it on Virginia roads when I visit?
No. Out-of-state registration does not determine whether a vehicle can be driven on Virginia highways. Under § 46.2-915.1, ATVs are barred from public highways except in the limited circumstances the …
If a student at a Virginia college reports a sexual assault and admits she had been drinking or using drugs, can the school still require her to take a mandatory alcohol or drug class?
No. AG Miyares concluded that mandatory drug or alcohol counseling or courses count as 'disciplinary action' for purposes of § 23.1-808's immunity provision. A college or university is barred from req…
Can my Virginia county or city require a special use permit, or just ban outright, the takeoff and landing of my private drone on my own property?
No. Virginia Code § 15.2-926.3 preempts almost all local regulation of private drone use. Localities can only regulate takeoffs and landings on property the locality itself owns. Counties and cities c…
If a Virginia state psychiatric facility says it has no bed for a patient under a temporary detention order, can law enforcement just leave the patient there, or hold them at the hospital past the 72-hour TDO limit?
Law enforcement must keep custody of the patient until the temporary detention facility actually accepts custody, which means staffed admission. Law enforcement cannot transfer the patient to a facili…
If a Virginia judge orders someone involuntarily committed but does not name a specific facility, can the sheriff hold the person at the emergency department past six hours while a bed is found?
No. Section 37.2-829 requires transport to begin within six hours of notification of the commitment order, regardless of whether a specific facility has been named. If the order leaves the facility un…
Can a soda maker pay grocery stores slotting fees to get its alcoholic 'hard' soda on the shelves?
They probably can, depending on the facts. Virginia's AG concluded that paying a retailer slotting fees to influence shelf space for an alcoholic 'hard' soda can violate the federal tied-house rules i…
Can my Virginia county block me from running a farm stay (short-term rental on my working farm) through the local zoning ordinance, or am I protected as an agritourism activity?
If your land is in an agricultural district, your operation meets the statutory definitions of farm and agricultural operation, and your guests are getting access to rural activities (not just a place…
If someone steals a blank personal check, forges the accountholder's signature, and cashes it in Virginia, should the prosecutor charge forgery and uttering under § 18.2-170 (Class 4 felony) or § 18.2-172 (Class 5 felony)?
Charge under § 18.2-172 (Class 5 felony). The AG concluded § 18.2-170 covers counterfeiting of currency (historically private banknotes, now Federal Reserve notes), not personal checks. Forgery of per…
If the CDC adds COVID-19 to its childhood immunization schedule, does my Virginia child have to get the shot to go to school or daycare?
No. Even if the CDC adds COVID-19 vaccination to its recommended childhood immunization schedule, Virginia children will not be required to obtain the vaccine to attend schools or childcare facilities…
Can Virginia's Commonwealth Transportation Board authorize license plate reader cameras to be installed on state highways for law enforcement?
No. The Commonwealth Transportation Board (CTB) lacks the statutory authority to amend its Land Use Permit Regulations to authorize the installation of license plate reader (LPR) cameras in VDOT right…
Are minor league baseball players who play in Virginia covered by Virginia's overtime and minimum wage laws?
No. Based on the facts presented, minor league baseball players employed by the five MLB-affiliated minor league teams in Virginia are exempt from Virginia overtime pay and minimum wage requirements. …
Can a Virginia circuit court clerk carry a firearm into the courthouse where they work?
Yes, while in the conduct of their official duties. The AG concluded that the clerk of a circuit court is a 'court officer' as that phrase is used in § 18.2-283.1, the statute that generally bans weap…
Can a Virginia local election office accept grants, equipment, training, or website services from the Center for Tech and Civic Life or the U.S. Alliance for Election Excellence?
No. Under Virginia Code § 24.2-124.1, the State Board, the Department of Elections, every local electoral board, and every general registrar's office is forbidden from soliciting, accepting, using, or…
When a Virginia officer is holding someone under a temporary detention order and the person has calmed down, can a family member take over the transport to the mental health facility?
If a law enforcement officer holding a person under a temporary detention order (TDO) believes the person can be safely transported by an alternative provider (including a family member), and that pro…
Does the 90% pay cap on Virginia deputy sheriff salaries apply when my county adds local supplemental pay on top of the state salary?
The 90% cap in Virginia Code § 15.2-1609.2(F), which says a deputy sheriff's salary cannot exceed 90% of the sheriff's salary, does not apply to a deputy's total pay when a county or city provides sup…
Does my Virginia sheriff's office need a VDOT permit to put up a photo speed enforcement sign on an interstate, and can the sign go on private property?
A Virginia law enforcement agency that wants to install a photo speed monitoring sign within the interstate right-of-way must obtain a VDOT land use permit, and a sign within 660 feet of the right-of-…
Can a Virginia town ban office-based opioid treatment clinics through zoning, or only regulate where they can be located?
A Virginia town cannot use its zoning powers to completely prohibit office-based opioid treatment (OBOT) clinics anywhere within its boundaries because state law explicitly authorizes such clinics, an…
Can I cross a Virginia public highway on my ATV using the most direct route, or do I need special authorization first?
Yes. Clause (ii) of Va. Code § 46.2-915.1(A)(1) is independent of clauses (i) and (iii). An ATV operator may cross a public highway by the most direct route without needing authorization from proper a…
If condo unit owners have voted to terminate their condominium for redevelopment, can 51% of them petition to create a Community Development Authority over the entire site?
Yes, in the scenario described. If the termination agreement has not yet been recorded (so unit owners still hold title), and 51% of the unit owners own at least 51% of the land area or assessed value…
I have an old approved Virginia subdivision plat that expired in 2020. Is it dead, and can my county bring it back to life?
Subdivision plats in Northampton County that were valid under § 15.2-2261 as of January 1, 2009, and that did not separately set a validity period, became invalid on July 1, 2020 under § 15.2-2209.1 (…
Can a Virginia Board of Zoning Appeals ignore the procedural rules in the local zoning ordinance, or tell only some applicants about a reconsideration option?
A local Board of Zoning Appeals (BZA) is a creature of statute with only those powers expressly granted. It cannot deviate from the procedural rules in the local zoning ordinance or hear matters the g…
Can a Virginia sheriff use civilian employees or private process servers to serve civil court papers, instead of sworn deputies? What training is required, and what's the sheriff's liability if something goes wrong?
Yes. A Virginia sheriff may use a civilian employee (18 or older, not a party to the case) or contract with a private process server to serve civil process, except where statute specifically requires …
Can a Virginia county Community Development Authority finance and build a retaining wall as part of its infrastructure project?
Yes. A Community Development Authority (CDA) created under §§ 15.2-5152 to 15.2-5157 may finance, fund, plan, establish, acquire, construct, reconstruct, enlarge, extend, equip, operate, and maintain …
If Bristol adds apartments to The Falls retail development, will it lose the special state sales tax revenues it gets from the development?
Yes. The City of Bristol can authorize residential construction within The Falls, a 'development of regional impact' under Va. Code § 58.1-608.3(B), and still receive the special sales tax revenues au…
Are conspiracy, attempt, or accomplice-liability convictions for serious crimes excluded from Virginia's enhanced earned sentence credits, the same as the underlying offenses?
Convictions for conspiracy, attempt, solicitation, accessory before the fact, and principal in the second degree to crimes listed in § 53.1-202.3(A) are excluded from Virginia's enhanced earned senten…
When a Virginia criminal case is appealed from district court to circuit court, does the electronic summons fee apply at both court levels?
Yes. In localities that have implemented the electronic summons fee under Va. Code § 17.1-279.1, the fee applies to a qualifying appealed criminal or traffic case at both the district court level and …
Can a Virginia judge credit a prisoner's in-prison kitchen or janitorial work against their court fines and costs?
No. A court may not grant an inmate community service credits toward fines and costs for work performed inside a state correctional center (such as janitorial or kitchen work), unless that work is per…
What kinds of state financial support can Virginia provide to historically Black colleges and universities (HBCUs), including private HBCUs?
The Virginia Constitution generally prohibits direct state appropriations to private colleges, but several exceptions apply. The General Assembly may appropriate funds for the benefit of students at q…
Can a Virginia public university require students to be vaccinated against COVID-19 to enroll or attend classes?
No. Absent specific authority conferred by the General Assembly, public institutions of higher education in Virginia may not require COVID-19 vaccination as a general condition of enrollment or in-per…
Does a Virginia county's zoning ordinance protect my pre-2018 ground-mounted solar facility on agricultural land if the ordinance only mentions 'solar power panels' for residential use?
A Virginia locality's zoning ordinance that allows 'solar power panels' only as a residential accessory use does not regulate 'ground-mounted solar energy generation facilities' on agricultural land u…
Are the old Virginia Attorney General opinions that applied poll taxes, anti-miscegenation laws, and school segregation still legally valid?
Previous Virginia Attorney General opinions that relied upon or promoted racially discriminatory laws are overruled. Between 1904 and 1967, Virginia AGs issued at least 58 opinions applying or interpr…
Can a Virginia Governor, by executive order alone, end the state's participation in the Regional Greenhouse Gas Initiative and the requirement that electric utilities hold CO2 allowances?
No. The Governor of Virginia cannot, by executive order or other executive action alone, repeal or eliminate the regulatory requirement (under the 2020 Clean Energy and Community Flood Preparedness Ac…
When does the federal Indian Child Welfare Act apply in Virginia child welfare cases, and what protections does it require for Native American children?
The Indian Child Welfare Act applies to Virginia cases that involve, or could lead to, foster care placement, termination of parental rights, or preadoptive/adoptive placement, where the child meets I…
After Virginia ratified the Equal Rights Amendment in 2020, can a later session of the Virginia General Assembly take that ratification back?
No. Virginia cannot rescind its January 27, 2020 ratification of the Equal Rights Amendment. Article V of the U.S. Constitution speaks only about ratification, not rescission. Federal practice from th…
If someone in Virginia gets a second DUI within 5 to 10 years of the first and had a blood alcohol level of 0.15 or higher, what's the minimum fine: $500 or $1,000?
$1,000. The $500 fine in Va. Code § 18.2-270(B)(2) for a second DUI within 5 to 10 years stacks with the additional $500 fine in § 18.2-270(B)(3) for a blood alcohol level of 0.15 or higher. Subsectio…
Can Virginia law enforcement officers enter a person's home without consent to execute an emergency custody order for mental health under § 37.2-808, or do they need a separate search warrant?
Yes, but only the subject's own home. Law enforcement may enter a residence and take a person into custody on an emergency custody order under § 37.2-808 if (1) there are sufficient grounds to believe…
Can Virginia parents still use the religious exemption to skip childhood vaccines during the COVID-19 pandemic?
The religious exemption for childhood vaccinations in Va. Code § 32.1-46(D) remains available during a public health emergency like COVID-19, because the COVID-19 vaccine is not a required childhood i…
If a Virginia city or county signs a multi-year collective bargaining agreement that promises annual pay raises, is the locality legally bound to fund those raises every year?
Yes, with a major qualifier. A Virginia local government can sign a multi-year collective bargaining agreement promising employee pay raises across multiple fiscal years. But each year's raise is subj…
How does Virginia's 2020 earned sentence credit law (House Bill 5148, amending § 53.1-202.3 effective July 1, 2022) apply to inchoate offenses (attempt, conspiracy, solicitation, accessory before the fact), to aggravated murder, and to repeat offense provisions?
Detailed answers to four questions from VDOC: (1) 'Any felony violation' in § 53.1-202.3(A) covers completed offenses plus accessories before the fact and principals in the second degree, but solicita…
Can Gloucester County, Virginia, use revenue from its voter-approved 1% local sales tax to pay down debt on past school construction, or only to fund new school construction or major renovations going forward?
No. The Gloucester County 1% local sales tax, approved by voters in November 2020 under Va. Code § 58.1-605.1, must be used solely for capital projects involving new construction or major renovation o…
Can a Virginia county or city create a tax credit (real estate, personal property, or otherwise) for parents who homeschool or send their kids to private school?
No. Under Virginia's Dillon Rule, local governments only have the powers the General Assembly expressly grants them (or those necessarily implied or essential). The General Assembly has not authorized…
When Virginia workers are paid by the piece (per item produced) rather than by the hour, are they covered by the new Virginia Overtime Wage Act? How is their overtime calculated?
Yes. Piece-rate employees are covered by the Virginia Overtime Wage Act, even though the statute doesn't explicitly mention them. Per Department of Labor and Industry guidance, employers can either pa…
When a Virginia locality enacts a collective bargaining ordinance under § 40.1-57.2 for its public employees, can it require that a neutral Labor Relations Administrator be removed only by mutual consent of management and unions? Can the ordinance impose binding arbitration on non-financial bargaining impasses?
Yes to both. Under Va. Code § 40.1-57.2, a Virginia locality enacting a collective bargaining ordinance can require that a neutral Labor Relations Administrator be terminated before contract expiratio…
Are farm utility vehicles and utility vehicles considered ATVs under Virginia law, so they can use public highways under the farming-activities exception in § 46.2-915.1?
It depends on the vehicle. A farm utility vehicle or utility vehicle is also an 'all-terrain vehicle' under Virginia law if it has three or more wheels (and the other ATV elements are satisfied). When…
Can the Williamsburg Tourism Council exercise powers listed in its bylaws when the statute that created it doesn't expressly grant those powers, and can it sit inside the Greater Williamsburg Chamber and Tourism Alliance?
Yes, the Tourism Council may exercise the powers in its bylaws as long as those powers do not conflict with § 58.1-603.2 (or other state law) and reasonably serve the tourism-promotion purpose the Gen…
Must Virginia's DEQ consider environmental justice when deciding whether to permit a new landfill?
Yes. The Environmental Justice Act is self-executing and imposes enforceable duties. The DEQ Director must ensure that 'environmental justice' (fair treatment and meaningful involvement of affected co…
When Virginia moved municipal elections from May to November under S.B. 1157, what happens to the mayor of Staunton (chosen by the city council, not the voters)? Can the council shift the mayoral election to January 2023, and does the current mayor stay in office until then?
Yes on both. Staunton City Council must shift its council-elected mayoral selection from July 1, 2022 to the council's first meeting in January 2023 because of S.B. 1157's move of municipal elections …
After Virginia abolished the death penalty in 2021, what happens to the two inmates already on death row? Does the Department of Corrections automatically convert their sentences to life, or does a court have to act?
The Virginia Department of Corrections is required to administratively recalculate the sentences of the two remaining death-row inmates to life imprisonment. The 2021 statute abolishing the death pena…
Can a Virginia Governor unilaterally suspend, delay, or alter the Commonwealth's tax laws without the General Assembly approving it?
No. The Virginia Constitution vests the taxing power in the General Assembly. Without specific authority from the legislature (statute or law's enactment clause), the Governor cannot suspend, delay, o…
During a Virginia civil eviction, what should the sheriff do with a tenant's firearm that gets left behind? Can the sheriff seize it, check its serial number against criminal databases, or hold it for safekeeping?
Sheriffs may take custody of (or confiscate) a firearm left behind during a Virginia eviction in three specific situations: the firearm is stolen, the landlord is legally prohibited from possessing a …
Does the Virginia Freedom of Information Act apply to JAUNT and other quasi-public transit corporations?
Yes, if JAUNT or a similar organization is supported principally (more than two-thirds is the FOIA Advisory Council benchmark, but less can qualify case-by-case) by public funds, it is a 'public body'…
Can a Virginia county pick which kinds of events get hit with an admissions tax, or does it have to tax all events the same?
Yes. A Virginia county may define the class of events on which to impose an admissions tax under the catch-all in § 58.1-3817(6). The county does not have to tax every type of event in that catch-all,…
Can a candidate running for office in Virginia use campaign funds to pay for childcare while campaigning?
Yes. A Virginia candidate may pay for childcare with campaign funds if those expenses are a direct result of campaign activity and would not exist if the candidate were not running. Childcare needed d…
During Virginia's early voting period, can I carry a gun in or near the local registrar's office, a satellite voter office, or a central absentee precinct? And does the 40-foot rule cover the whole building or just the voting area?
Yes, the firearm ban applies. Central absentee voter precincts, voter satellite offices, and offices of general registrars used as designated early-voting locations are 'polling places' under Va. Code…
If the Commonwealth's Attorney does not show up or take a position in a Virginia criminal case, can a judge enter a deferred disposition under § 19.2-298.02 anyway? Or does silence count as agreement?
No. Silence does not count. A Virginia trial judge can only enter a deferred disposition under § 19.2-298.02 if the Commonwealth's Attorney affirmatively communicates agreement. That can happen in per…
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.