Marijuana Charges |
The state of Virginia views all marijuana use and possession on a criminal platform. However, first-time offenders may be offered the option for conditional release, which gives them the opportunity to choose probation instead of trial, and the guarantee of the marijuana conviction not being on their criminal record. Virginia does not subscribe to many mandatory minimum sentences for marijuana possession and sale, so most defendants who are tried for a marijuana-related crime can greatly benefit with the help of a marijuana lawyer or marijuana attorney. However, any defendant who receives a marijuana conviction will have their driving privileges suspended for six months.
In 2002, more than 14,000 individuals were arrested throughout the state of Virginia for marijuana-related crimes, accounting for almost 5% of the total arrests for that year. 12,798 of these arrests were for the possession of marijuana, while 1,484 were for the sale of marijuana. In addition, the DEA estimates that Virginia has an annual marijuana crop of just over 76,000 lbs, which would sell at retail market value for between $328 million and $525 million dollars.
Medical Marijuana Users
Legally, Virginia does not consider marijuana as a medicinal drug. Any individual found to possess marijuana will be assumed a recreational user, and will be tried as such.
Non-Medical Users:
Although there is some debate throughout the state by lawmakers and citizens alike, Virginia does not yet consider marijuana as a drug for medical use, so any person found in possession will be tried on a criminal basis. Penalties range in severity, determined by the amount of marijuana found as well as the intent of the individual.
Penalties for Marijuana in Virginia:
Possession:
| Possession of any amount for a first-time offender | Misdemeanor | Penalties include incarceration for a period of up to 30 days with a fine of $500 |
| Possession of any amount as a previous offender | Misdemeanor | Penalties include incarceration for a period of up to 1 year with a fine of $2,500 |
Growing Marijuana:
| Cultivation of any amount | Felony | Penalties include incarceration for a period of between 5 and 30 years, with a fine of $10,000 |
Selling Marijuana:
| Sale of no more than ½ oz | Felony | Penalties include incarceration for a period of up to 1 year with a fine of $2,500 |
| Sale of between ½ oz and 5 lbs | Felony | Penalties include incarceration for a period of between 1 and 10 years with a fine of $2,500 |
| Sale of between 5 lbs and 100 kg | Felony | Penalties include incarceration for a period of between 5 and 30 years with a fine of $2,500 |
| Sale of greater than 100 kg | Felony | Penalties include a mandatory minimum sentence of incarceration for 20 years with a fine of $1,000,000 |
| Sale to a minor | Felony | Penalties include incarceration for a period of between 10 and 50 years with a fine of $100,000 |
| Sale within 1,000 ft of a school or any other specific area | Felony | Penalties include incarceration for a period of between 1 and 5 years with a fine of $100,000 |
| Transport from out-of-state with intent to sell of 5 lbs or greater | Felony | Penalties include a mandatory minimum sentence of between 3 and 40 years and a fine of $1,000,000 |
Marijuana Paraphernalia:
| Sale of paraphernalia | Misdemeanor | Penalties include incarceration for a period of up to 1 year with a fine of $2,500 |
| Sale of paraphernalia to a minor | Felony | Penalties include incarceration for a period of between 1 and 5 years with a fine of $2,500 |
Penalties for Driving Under the Influence of Marijuana
In 2005, Virginia enacted a per se Driving Under the Influence of Drugs (DUID) law, which states that individuals may not drive a motor vehicle while under the influence of drugs. However, both cannabis and cannabis metabolites are not specified by name as illegal drugs to have present in your body while driving.
Legal Help with a Marijuana Offense
A marijuana lawyer in the state of Virginia can provide legal counsel for any individual involved in a marijuana-related offense. Because of the first-offense conditional release option, first-time offenders should seek the advice of a marijuana lawyer or marijuana attorney. Such a representative will be able to provide full knowledge of state marijuana laws and trends, and will most likely be able to provide a reduced sentence for the defendant of a marijuana- related trial.
