Glen Allen VA Possession of Marijuana Lawyer
Possession of marijuana unlawful.
However the Laws in the Commonwealth of Virginia have changed as of July 1 2020. Contact us of all updates.
Ten states across the country had legalized the use of marijuana for various recreational purposes. But despite these sweeping changes across the country, possession and distribution of marijuana remains illegal in the Commonwealth of Virginia. If you are arrested and charged with possession or distribution of marijuana, you face serious penalties such as heavy fines, incarceration or suspension of your driving privileges, for a lengthy period. Besides that, a conviction will remain on your criminal record forever. If someone runs a background check on you, your marijuana conviction will come up. And such a negative criminal record can bar you from employment, educational and housing opportunities.
Contact us at 804-355-8037 for Free Case Evaluation
Without a doubt, marijuana-related offenses carry harsh penalties in Virginia. If you’ve been arrested with any marijuana-related violation, whether it’s possession, distribution, sale or manufacture, you need to consult a Glen Allen VA possession of marijuana attorney as soon as possible. With the help of our reputable and experienced drug attorney, you can fight the charges you are facing and minimize the consequences. We have the experience and skills that you need, to protect your future, your reputation, and your freedom. Contact the law office of Weiland Upton today and schedule a free consultation.
Virginia Marijuana Laws and Penalties
|Up to 1 oz||Civil Violation||None||$25|
|Less than 1/2 oz (first offense)||Misdemeanor||30 days||$ 500|
|Less than 1/2 oz (subsequent offense)||Misdemeanor||1 year||$ 2,500|
|1/2 oz – 5 lbs||Felony||1* – 10 years||$ 2,500|
|5 lbs – 100 kg||Felony||5* – 30 years||$ 1,000|
|More than 100 kg||Felony||20 years* – life||$ 100,000|
|To a minor who is at least 3 years younger||Felony||2* – 50 years||$ 100,000|
|Within 1000 ft of a school or school bus stop||Felony||1* – 5 years||$ 100,000|
|Manufacture of marijuana||Felony||5* – 30 years||$ 10,000|
|Transporting more than 5 lbs into the state||Felony||5* – 40 years||$ 1,000,000|
|Includes possession with intent to distribute|
|* Mandatory minimum sentence|
Hash & Concentrates
|Possessing hashish oil||Felony||1 – 10 years||$ 2,500|
|Manufacturing, selling, giving, distributing, or possessing with intent||Felony||5 – 40 years||$ 500,000|
|Bringing more than 1 oz of hashish oil into the state||Felony||5 – 40 years||$ 1,000,000|
|Subsequent offenses carry greater penalties|
|Sale or possession with intent to sell paraphernalia||Misdemeanor||1 year||$ 2,500|
|To a minor who is at least 3 years younger||Felony||1 year||$ 2,500|
Civil Asset Forfeiture
|Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought.|
|Maintaining a fortified drug house||Felony||1* – 10 years||N/A|
Virginia marijuana offenses include possession, manufacturing, possession with intent to distribute, as well as importation, among others. Additional charges include selling marijuana to minors, possession of marijuana on public property or school, and selling marijuana to inmates. Marijuana charges in Glen Allen VA can be felonies or misdemeanors, depending on the nature of the crime. They usually punished with fines, jail times, and suspension of driver’s license. Subsequent offenses attract stiffer penalties. Also, you should note that marijuana-related convictions can affect educational, employment, housing and security clearances.
According to Virginia Code §18.2-250.1, it’s illegal to knowingly or intentionally possess marijuana in Glen Allen VA. A first offense attracts a fine of up to $500 and a jail term of up to 30 days depending on how the amount or weight of the drug. Your driver’s license will also be suspended for 6 months. A second or subsequent marijuana possession charge in Virginia is a Class 1 misdemeanor, punishable by a maximum fine of $2,500, a jail term of up to 12 months, and a mandatory suspension of a driver’s license for 6 months.
According to VA Code §18.2-248.1 possession of marijuana in Virginia, with the intent to give, sell, or distribute is a criminal violation. Possession with intent to distribute marijuana in Virginia charges are felonies or misdemeanors, depending on the amount of marijuana in your possession. Subsequent offenses attract higher penalties. The charges and penalties are as follows:
- Possession with intent to distribute less than half an ounce of marijuana is a Class 1 misdemeanor, punishable by a jail term of up to 12 months and a fine of $2,500.
- Possession with intent to distribute 0.5 ounces to 5 pounds of marijuana is a Class 5 felony punishable by a fine of up to $2,500 and a jail term of up to 5 years.
- Possession with intent to distribute more than 5 pounds of marijuana in Virginia is a felony, which is punishable by a jail term of 5 to 30 years.
- Possession of more than 100 kg of a substance or a mixture containing marijuana with intent to distribute, attracts a jail term of 20 years to life in prison as well as a fine of up to $1,000,000.
Manufacturing marijuana is also a crime in Glen Allen VA, punishable by a jail term of 5 to 30 years, as well as a maximum fine of $10,000. A subsequent felony of selling, manufacturing, distributing, giving and possession with intent to distribute marijuana attracts a mandatory consecutive sentence of 5 years to life in jail and a maximum fine of $50,000. Importation of marijuana into Virginia with the intent to distribute is punishable by 5 to 40 years in prison and a maximum fine of $1,000,000. Also, manufacturing, distributing, or possessing marijuana with the intent to sell near public property or a school is a felony that attracts a jail term of 1 to 5 years and a fine of up to $100,000.
As you can see, marijuana violations are quite complex in Virginia and most, if not all, attract heavy penalties. How you choose to fight the marijuana charges you are facing, will depend on 3 main factors, the seriousness or extent of the charge, the strength of the state’s case against you, as well as whether it’s a first or a subsequent charge. Generally, you usually have 3 options, apply for the state’s first offender program, argue for a dismissal of the charges, or take a plea deal in exchange for a smaller or lower sentence. If you are facing marijuana possession or distribution charges, you need to talk to a Glen Allen VA possession of marijuana attorney. Whether it’s a misdemeanor or a felony, an experienced criminal defense attorney will evaluate the facts and circumstances of your case, and then advise you on the best course of action to pursue.
Virginia First Offender Program
If you have been charged with marijuana possession or distribution in Virginia, you might be eligible for the state’s first offender program. Under this program, your marijuana possession charges will be dismissed, as long as you comply with the program’s set of conditions. To qualify for this program, you must plead guilty to the charges you are facing. As a condition, you have to submit to regular drug testing and be ready to remain alcohol and drug-free, during the entire period of the program.
Also, you will be required by the court to pay all or part of the program costs, depending on your financial capabilities. Furthermore, you have to complete at least 100 hours of community service if it’s a felony or 24 hours for a misdemeanor. And if the court doesn’t revoke or suspend your driver’s license, then you have to complete 50 additional hours of community service. As noted earlier, if you complete the program successfully, then the marijuana possession or distribution charges will be dismissed. On the other hand, if you violate any of the terms of the program or even fail to complete it, then you be found guilty and convicted.
It’s important to note that even if the charges will be dismissed, it doesn’t mean that the court will expunge them from your criminal record. They will remain there and they will always show up whenever someone conducts a background check on you.Also, if you are not a U.S citizen, a dismissal of marijuana possession charges through the 251 program can lead to deportation. Therefore, don’t rush to join the deferred disposition program. Instead, you should first talk to a Glen Allen VA possession of marijuana attorney. A skilled criminal defense attorney will examine your case and then advise you whether you should join the 251 program or not.
Experienced Glen Allen Va Marijuana Possession Attorneys
If you are facing marijuana possession or distribution charges, you are probably going through one of the most difficult times in your life. And as noted earlier, marijuana possession and distribution charges come with heavy penalties in Virginia, both immediate and long-term. The good news is that a Glen Allen VA possession attorney can help you to mitigate the negative impacts that come with a conviction. At Weiland Upton, we treat like family and value you as a client. We are ready to provide professional and honest legal counsel and guide you through this challenging moment in your life.
Our law firm consists of accomplished criminal defense attorneys, who are committed to defending you aggressively and make sure that you obtain a favorable outcome. As much as we don’t promise or guarantee any outcome, you can rest assured that we will deploy all our resources, skills and expertise, towards the marijuana charges that you are facing. At all times, we will represent your best interests, while using our knowledge to fight for your rights.
Contact Us Today at 804-355-8037
Whether it’s your first time or you have been in a similar situation before, facing marijuana possession or distribution charges can be a stressful experience. Therefore, you should never attempt to navigate these complex proceedings alone. You need the help of experienced criminal defense attorneys, who will help you get through this difficult period.
At the law office of Weiland Upton, we understand the gravity of the charges you are facing, and we will use our vast experience and knowledge, to fight for your rights. Responsiveness, communication, and honesty are at the core of our practice. We will always be available when you need us, and communicate openly throughout the process. We know what is at stake, and that’s why we are committed to providing the most effective and aggressive criminal defense available, for the charges you are facing. Every approach that we pursue is designed to secure the best available resolution for you. If you are facing marijuana possession charges in Glen Allen VA, schedule a free consultation with one of our attorneys today.
VA Possession of Marijuana
Richmond VA Possession of Marijuana Attorney
Henrico County VA Possession of Marijuana Attorney
Hanover County VA Possession of Marijuana Attorney
Chesterfield County VA Possession of Marijuana Attorney