Per Virginia Code § 18.2-250.1, it is unlawful for a person to knowingly possess marijuana. This statute carries with it a number of serious penalties for its violation.
The penalties, as described below, range from a fine to active jail time and have the potential of negatively affecting a person’s life, their loved ones and their current employment and future employment prospects.
If you were charged with possession of marijuana, it is imperative that you hire an experienced Criminal Defense Attorney.
Penalties to Expect For A Possession Of Marijuana Charge
The penalties for a first-time conviction of possession of marijuana differ significantly from that of a second or subsequent conviction.
In Virginia, pursuant to Virginia Code § 18.2-250.1, possession of marijuana, less than ½ once, is punishable as a Class 1 misdemeanor and is subject to confinement in jail for up to thirty days. You will also be subject to a fine of up to $500.00. It is punishable by no more than 30 days in jail.
Furthermore, according to Virginia Code §18.2-259.1 if you are convicted of possession of marijuana, your driver’s license may be suspended for up to six months. If your license is in fact suspended, you may petition the Court for a restricted license. To do this, you must be able to show good cause for it; for instance, you need the restricted license to get to work.
Though you will be subject to jail time upon your first conviction of possession of marijuana, this is oftentimes not imposed. Rather, the court may place you on probation instead. Virginia courts call this “The ASAP Program”.
To be placed on probation under ASAP, however, you normally must agree to submit to random drug tests as well as pay for this particular drug treatment class/program. You may also be ordered to complete a specific number of community service hours. Normally the requirement is 24 hours of community service.
Upon the successful completion of these terms of probation, your criminal record will still reflect that you were charged with possession of marijuana but it will state the case was dismissed. If you win your case, though, even the charge itself can be removed permanently (expunged) from your record.
Contact A DUI Defense Attorney
Above all, if you were charged with possession of marijuana, it is important that you hire an experienced Marijuana DUI Defense Attorney. With over 15 years of experience defending individuals charged with DUIs, Attorney Eric Clingan makes every effort to provide you with the knowledge and information you need to face your case with confidence in court. Serving Fairfax, Virginia and surrounding areas.