Have you been charged with possession of marijuana in Virginia?
If you’ve been arrested for possession of marijuana in Virginia you need to consult with an experienced Virginia criminal attorney to ensure your rights are protected. Being convicted of a possession of marijuana charge can have serious consequences and impact your life in many ways. There are a lot of military and government employees in Virginia and a conviction for possession of marijuana can have a serious impact on your military or government career. Virginia criminal lawyer David Long has experience successfully representing clients who have been arrested for possession of marijuana in Virginia, so contact our law firm today for a FREE consultation.
Possession of Marijuana in Virginia
Knowingly or intentionally possessing marijuana is a Class I misdemeanor with punishment upon conviction consisting of imprisonment for up to 30 days and/or a fine of up to $500, for a first offense, and imprisonment for up to 12 months and/or a fine of up to $2,500 for the second and each subsequent offense. Possession of less than a half ounce of marijuana is simple possession.
Sale / Delivery of Marijuana in Virginia
In VA, having a large quantity of marijuana is not proof of intent to distribute alone. Distributing more than a half ounce of marijuana, but less than 5 lbs., is a Class 5 felony, punishable by confinement in jail at least 1 year, but not more than 10 years. For a first offense, the judge may use his discretion to sentence the offender to a term in jail for not more than 12 months and a fine of not more than $2,500.
§ 18.2-250.1. Possession of marijuana unlawful.
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for a violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
If you have been charged with Richmond, Virginia Possession of Marijuana or Henrico, Virginia Possession of Marijuana, or Chesterfield, Virginia Possession of Marijuana, contact our Criminal Law Firm in Virginia for a free legal consultation.