FAIRFAX POSSESSION OF MARIJUANA LAWYER (18.2-252)

Let us fight your drug possession charges in court. As a Fairfax possession of marijuana lawyer, I can fight your criminal charges in court and protect your legal rights.

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If you are charged with marijuana possession in Fairfax County, you could be facing jail time and driver’s license suspension under Virginia Code 18.2-252.

Let an experienced Fairfax Marijuana Possession Lawyer explains how to combat this charge.

A first offense of Possession of Marijuana a Class U Misdemeanor, which might be punishable with up to 30 days in jail and fined up to $500.

It is important to be up to date on current laws about marijuana possession and the possible penalties.

What Are The Arrest Procedures For Marijuana Possession in Fairfax Virginia?

In order to conduct a search of your person, a law enforcement officer must have probable cause.

Probable cause occurs when the officer has a sufficient amount of evidence to determine that a crime is likely to have been committed or is being committed.

Probable cause to search for marijuana possession could be obtained by seeing the drug in plain sight or merely smelling it.

Evidence gathered from a search is only admissible in court if there is probable cause, a search warrant, or you gave the police officer your consent.

What Are The Penalties For Possession of Marijuana in Virginia?

Under the Code of Va. § 18.2-250, it is unlawful to knowingly possess marijuana if it is not done so through a prescription or order of a practitioner.

In Virginia, there are specific statutes that identify penalties for possession of marijuana. Penalties for a marijuana violation vary depending on the number of previous offenses and the amount you have in your possession when apprehended.

The Va. Code lists the following possible penalties:

• A first offense possession of marijuana is considered a Class U misdemeanor. This may be punishable with up to thirty days in jail and a fine of up to $500. 
• A second or more offense possession of marijuana is a Class 1 misdemeanor. This may be punishable for up to twelve months in jail and a fine up to $2,500. 
• Intent to distribute with up to 0.5 ounces of marijuana is a Class 1 misdemeanor. This may be punishable with up to thirty days in jail and fined up to $500. 
• However, possession of marijuana with the intent to distribute between 0.5 ounces and 5 pounds is a Class 5 felony. There is a maximum jail sentence of ten years and a fine up to $2,500. 
• Likewise, possession of marijuana with the intent to distribute more than 5 pounds is a felony. There is a maximum jail sentence of thirty years and a fine of up to $2,500. The minimum jail time required for this violation is five years.
• Possession and distribution of drug paraphernalia is a Class 1 misdemeanor. This is a maximum jail sentence of twelve months and a fine of up to $2,500.

What Is The Difference Between Constructive Possession versus Actual Possession of Marijuana in Fairfax Virginia?

It is important to understand the distinction between actual possession and constructive possession.

Actual possession of marijuana is when marijuana is found on your person or personal effects.

A criminal charge that is based on “constructive possession” alleges that drugs found in your general vicinity are under your control.

It is more difficult to prove constructive possession since you can claim that you were unaware of the substance’s existence.

When an officer finds marijuana in your bag or in your pocket during a search and seizure, it will be more difficult to prove that you are unaware of this possession.

What Is Hashish Oil? As Explained by Fairfax Possession of Marijuana Lawyer:

Many people assume that you may only be convicted for possession of marijuana if you have the drug itself.

This is not always the case. Although hashish oil is legal in other states, it is still illegal in Virginia.

Hashish oil contains as much as 12% THC by weight the possession of it is a Class 5 felony.

Since this is a drug crime, collateral damages such as loss of a license are in effect.

It is only legal to possess cannabidiol or THC oil if you have a medical prescription.

Since these products have been tested to cure certain conditions or diseases, you may be able to fight your charge that you are in your legal right to possess these.

Is It Beneficial For You To Accept A Plea Deal for A Marijuana in Fairfax Virginia Charge?

In certain circumstances, your attorney may meet with the prosecutor in hopes of negotiating a lesser charge.

Some advantages to accepting a plea deal may include reducing the charges or penalties, you do not have to sit through a long trial, and it saves you money and time.

However, you are giving up your opportunity to defend yourself and present evidence of your innocence. 

The consequences of accepting a plea deal will depend on whether the charge is amended, your past criminal history, and the difficulty the prosecutor would face in proving your guilt.

Because every case is unique, there are situations where a plea deal may be beneficial to you over a trial.

Hiring a criminal attorney in Virginia will help you make the best decision for your circumstances.

What Are The Collateral Damages when You Are Convicted For A Marijuana Charge?

While both misdemeanor and felony possession of marijuana are serious charges, it shouldn’t surprise you to learn that the felony carries additional consequences.

If convicted of a felony charge, you are ineligible to vote or hold office until you petition the Commonwealth for a restoration of these rights.

Also, this conviction may impact your employability, especially in government positions.

Felony convictions often have to be listed on rental and higher education applications.

Conclusion

In conclusion, a marijuana possession charge is nothing to take lightly. As always, if you have been charged with marijuana, talk to a criminal defense lawyer in order to get the best outcome for your case.