Virginia Marijuana Possession Attorney

Let us fight your possession charge. As a Virginia marijuana possession attorney, I’ve fought for clients’ legal rights in Virginia courts. Call me to discuss your criminal case

Read important information related to drug penalties & defense strategies:

What are The Different Defenses of Marijuana Possession Charges?

There are several basic defenses to marijuana possession charges. 

Firstly, if the substance you have is not marijuana, the charge will basically die. 

Virginia law section for Marijuana possession under (18.2-250).

Typically, the arresting officer will perform a field test to determine whether marijuana is present. 

For this field test to be used against you in court, the Commonwealth has to tell you that you are entitled to a more sophisticated lab test for marijuana. 

If the lab test comes back negative Possession of more than an ounce is still criminal.  If you are facing a Marijuana charge, get an experienced Virginia marijuana possession attorney from American Lawyers Group. 

Additionally, police can use the possession of any marijuana to establish probable cause for a warrant to search cars and houses. for marijuana, your defense will be much stronger.

Additionally, the actual possession of marijuana can be challenged. 

Obviously, if the police find marijuana in your pockets, they will have an easy time establishing that you possessed the marijuana. 

However, if marijuana is simply in the same room as you, there might be a better argument that you did not possess marijuana.

Lastly, there are procedural defenses to marijuana possession charges. 

If the police violated your 4th Amendment rights with an unconstitutional search and seizure that led to the charges, an experienced Virginia marijuana attorney can fight the charge. 

This defense will be fact-specific and will require an experienced attorney as search and seizure law can be difficult. 

Seek an experienced marijuana possession attorney from the American Lawyer Group for the best defense to your charges.

What Are The Penalties for Marijuana Possession, Second or Third Offenses?

The severity of your punishment for marijuana possession will be based in part on previous offenses.

Virginia has a first offender program that could help you if you have no previous drug offenses. 

The first offender program requires 24 hours of community service over 6 months, driver’s license suspension for 6 months, no new offenses, and submission to drug tests and treatments, and pay court costs.

Criminal offenses for marijuana, even first offenses, can potentially bar someone from obtaining citizenship. 

Though it will not always, this is a possibility.
Second offenses of marijuana will no longer result in harsher penalties as of July 1, 2020. There is a three-strike policy in Virginia. 

Third offenses for criminal possession of marijuana can result in jail sentences of 5 years to life. 

If you are facing repeat marijuana possession charges, get an experienced Virginia defense attorney from the American Lawyers Group.

On the federal level, marijuana is still fully illegal. 

This is important for those who may interact with federal law enforcement in federal jobs or the military. 

First offenses at the federal level for marijuana charges are class A misdemeanors, and Virginia’s newly relaxed laws will not help

Is Possession of Marijuana Charges Misdemeanors or Felonies?

Since July 1, 2020, simple possession of 1 ounce or less of Marijuana is a civil offense with a $25 fine. 

There will still be court records of the possession, but mere possession is no longer prosecuted criminally when it is such a small amount.  Distributing marijuana, even less than an ounce, is still a crime.
Greater amounts of Marijuana will still be charged criminally. 

Possessing more than an ounce of marijuana with intent to sell is still a class 5 felony. 

Intent to sell will usually be inferred by having more than a personal amount of marijuana. 

This essentially means more than an ounce will likely be argued as intent to sell. 

Courts will also look at factors such as expert testimony from a police officer, whether the marijuana is packaged to sell, any kind of self-incrimination, and more.

Why Should you Hire an Experienced Virginia Marijuana Possession Attorney?

Virginia is lessening penalties for small amounts of marijuana.  This trend is likely to continue. 

However, Virginia drug laws for greater amounts of marijuana can still be harsh. 

A marijuana conviction can lead to jail time, fees, loss of your driver’s license, records that will affect employment, and more. 

If you are facing marijuana charges, seek an experienced Virginia marijuana defense attorney at American Lawyers Group.