Possession of Marijuana in Virginia is a misdemeanor. However, it is not a class 1 misdemeanor for a first offense. The maximum punishment for a first offense possession of marijuana in Virginia is up to 30 days in jail and a fine of up to $500 and a mandatory license suspension of 6 months. Frequently in these cases, a person is granted a restricted license for work and several other conditions.
If you are charged with possession of marijuana, call me for a consultation. There are a number of ways to improve your situation. I have included the possession of marijuana statute and also the first offender statute which obviously can be very important to a person who is charged with a first offense possession of marijuana. Possession of Marijuana in Virginia is a misdemeanor. However, it is not a class 1 misdemeanor for a first offense. The maximum punishment for a first offense possession of marijuana in Virginia is up to 30 days in jail and a fine of up to $500 and a mandatory license suspension of 6 months. Frequently in these cases, a person is granted a restricted license for work and several other conditions.
§18.2-250.1 – Possession of marijuana unlawful
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
§18.2-251 – Persons charged with first offense may be placed on probation; conditions; screening, assessment and education programs; drug tests; costs and fees; violations; discharge
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to § 18.2-251.01 or § 19.2-299.2, as appropriate, and enter a treatment and/or education program, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. This program may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, by a similar program which is made available through the Department of Corrections, (ii) a community-based corrections program established pursuant to § 9.1-174, or (iii) an ASAP program certified by the Commission on VASAP.