VIRGINIA MARIJUANA POSSESSION LAWYER (18.2-250)

Let us fight your criminal possession charge. As a Virginia marijuana possession lawyer, I’ve defended clients in Virginia courts. Call me to discuss your possession criminal case

read below important information about defense strategies of possession charges:

What If This Is Your First Possession Of Marijuana Charge in Fairfax?

Possession of marijuana is a criminal offense in Virginia.  If charged, the first thing you need to do is speak with a Virginia marijuana possession lawyer with experience with marijuana possession.

It is important for you to know that if you are convicted of a marijuana charge under Va. Code § 18.2-250.1.,

you could be looking at potential jail time fees and other collateral consequences.

That is why working with an experienced Virginia marijuana possession lawyer in Virginia is very important.

The penalties for possession of marijuana charges are listed in Va. Code § 18.2-250.1.

It is unlawful to have marijuana in your possession unless you have a medical prescription.

If this is your first possession of marijuana charge then it is a Class U misdemeanor.

A Class U misdemeanor is punishable by up to thirty days in jail and a fine of up to $500.

Even though these are possible penalties for being convicted of a possession charge, you do have the opportunity to fight your case.

An experienced Virginia marijuana possession lawyer may be able to get a reduced sentence or even the charge dismissed altogether.

A judge will look at your criminal history, including non-drug-related offenses, when deciding the sentence.

Can You Get Your First Possession of Marijuana Charge Dismissed? A Question Answered by Our Virginia Marijuana Possession Lawyer.

A judge may dismiss your conviction if you are eligible to enroll in the first offender program.

The first offender program allows you the opportunity to have your conviction dismissed if you complete the program.

Completing the program may entail:

• Completing community service
• Not being charged with any other crimes while in the program
• Participating in drug tests and staying drug-free
• Complying with a treatment or education program

Although this charge may be dismissed, the record that you were charged with possession remains on your permanent criminal record.

Enrollment in the program also requires that your license is suspended for six months.

Make sure to consult with our experienced Virginia marijuana possession lawyer in order to decide which option is best for you. Call us now at 703-786-8340.

What Are The Penalties for A Second or More Possession Of Marijuana in Virginia?

If you have been convicted previously of possession of marijuana, your second charge is a Class 1 misdemeanor.

Other examples of Class 1 misdemeanors include reckless driving, DUI, assault and battery, and petit larceny.

These crimes are punishable by a maximum jail sentence of twelve months and a fine of up to $2,500.

What Are The Penalties For Possession of Marijuana With Intent To Distribute in Fairfax?

If you have a certain amount of marijuana in your possession you may be charged with possession with intent to distribute.  

The penalties for possession of marijuana with the intent to distribute vary depending on the amount that is found in your possession. The following is a list of possible penalties:

• Possession of a half-ounce or less of marijuana is a Class 1 misdemeanor which is punishable by a fine up to $2,500 and a jail sentence up to a year.
• Possession of a half-ounce to five pounds of marijuana is a Class 5 felony which is punishable with a fine up to $2,500 and a jail sentence between 1 and 10 years.
• The possession of five pounds or more of marijuana is a felony that carries a mandatory minimum sentence of five years incarceration and a fine up to $2,500.

Is Possession Of Marijuana Paraphernalia Illegal in Fairfax?

Listed in Va. Code § 18.2-265.3, selling or possessing with the intent to sell drug paraphernalia is a Class 1 misdemeanor.

This includes a variety of paraphernalia that aids the preparation or intake of marijuana or any other controlled substance.  

If you are at least eighteen years old and you sell drug paraphernalia to a minor then you will be charged with a Class 1 misdemeanor, unless the buyer of the paraphernalia is three years younger than the seller in which case you may be charged with a felony.

What Are The Penalties For A Marijuana DUID Charge in Fairfax? Answered By Our Virginia Marijuana Possession Lawyer:

If marijuana was found in your car during a traffic stop, you may also be charged with driving under the influence of drugs, or “DUID”.

The amount of marijuana found in your possession, your criminal record, and your driving behavior will impact the severity of your penalties. These penalties may include the following:

• First offense: Class 1 misdemeanor punishable up to twelve months in jail and a fine up to $2,500
• Second offense: Class 1 misdemeanor including a mandatory fine of $500
• Third offense: Class 6 felony and includes a mandatory minimum jail sentence of 90 days and a mandatory minimum fine of $1,000
• Fourth or more offense: Class 6 felony and includes a mandatory minimum jail sentence of one year and a mandatory minimum fine of $1,000

Other penalties may include driver’s license suspension or revocation, and attendance at a rehabilitation program.

These penalties will be up to the discretion of the judge and the DMV to impose these restrictions.

What Is The Difference Between A DUI and A DUID Marijuana in Fairfax Charge?

The biggest distinction between a DUID involving marijuana and a DUI is that while a DUI requires a blood alcohol content to be .08 or higher, there is no minimum threshold of marijuana consumption to be in violation. 

A prosecutor has the burden to prove beyond a reasonable doubt that you were under the influence of driving while operating a motor vehicle.

It is important to hire a criminal defense lawyer who can offer you multiple defense options.