Possession of Marijuana

Possession of Marijuana Lawyer in Fairfax

Across the country, state legislatures are legalizing the possession of marijuana or, at the very least, decriminalizing the possession of small quantities of marijuana. Unfortunately, Virginia is not one of those states. In the Commonwealth, marijuana is still illegal. This means if you are found to be in possession of marijuana, you could be looking at serious criminal penalties, which is why it is so important to retain the services of an experienced and knowledgeable Fairfax County marijuana possession defense attorney.

Virginia Laws are Unforgiving When It Comes to Marijuana Possession

The statutes codified in the Virginia Code are especially harsh and unforgiving when it comes to marijuana possession. For example, if you are found to have microscopic amounts marijuana residue or ash, you could be charged with a crime. Basically, if a Fairfax County police officer can test it, you can get arrested for it. Another surprising fact is that there is no minimum quantity threshold when it comes to being charged with distributing marijuana. Basically, this means you could be charged with distribution for sharing scrapings from a pipe.

Ramifications of a Conviction for Marijuana Possession

If you are convicted of possessing marijuana, the ramifications can be quite serious. Even a first-offense misdemeanor charge for marijuana possession could result in you having to serve time in jail, pay large fines, and lose your ability to driver for an extended period of time. As a result, you could be put at risk of losing your job and hindering your prospects for the future.

Overview of Marijuana Offenses Under Virginia Law

Possession of pot is one of the most common types of drug crimes in Virginia. There are a series of statutes enacted by the Virginia legislature that specifically address the legal elements and punishments for possession and/or distribution of marijuana and synthetic marijuana. It is important to retain the services of a pot possession defense lawyer who has in-depth knowledge concerning the statutory provisions.

  • According to Virginia Code § 18.2-250.1, it is illegal to possess any quantity of marijuana without a valid prescription. If that was not bad enough, a licensed doctor cannot prescribe marijuana in Virginia. If convicted, even for the first time, under this statute you be ordered to serve a jail sentence of up to 30 days and/or pay a monetary fine of up to $500. If you have a prior drug possession conviction on your record, you could be charged with a Class 1 Misdemeanor which could result in you having to serve up to one year in jail and/or having to pay a $2,500 fine.

Legal Standard That Must Be Met by the Government to Obtain a Conviction

It is important not to give up hope when charged with marijuana possession. There are legal standards that must be met before you can be convicted of the crime. For example, the government must prove your guilt beyond a reasonable doubt.

In order to be convicted for possession of marijuana, the government must prove two things: 1) that the substance was marijuana and 2) that you possessed it. Proving that a substance is marijuana requires field or laboratory testing. Marijuana testing presents complicated evidential and legal issues. Proving possession requires proving that you knew that the marijuana was in your control and that you knew the item was marijuana.

Possible Defenses That Could Be Raised Against The Marijuana Possession Charges

Many people believe that if they are caught with marijuana, whether on their vehicle or on their person, that there can be no possible defense. This is not accurate. There are, in fact, numerous defenses that your Fairfax marijuana defense attorney could potentially use to get your charges dismissed or reduced. For example, if you were a passenger in an automobile, it can be difficult for the prosecution to establish that you were the owner of the marijuana located in the vehicle. The marijuana could have very well been the property of someone else who was in the vehicle.

Furthermore, if a police officer conducts an illegal stop and search, your Fairfax County defense attorney can file a motion to suppress any evidence obtained from the illegal search. If the motion succeed, it often means that the case will get dismissed altogether. This is something that would be difficult for you to do on your own, but the aggressive and skilled legal team with the Dua Law Firm can help you get a better outcome for your case.

Charged with Marijuana Possession? Take Action and Contact an Experienced Marijuana Defense Attorney with the Dua Law Firm

Getting charged with possession of marijuana can be a stressful and overwhelming experience. In the blink of an eye, you could suddenly be confronted with criminal prosecution by the state. In this moment, you need a skilled and effective advocate who understands the nuances of Virginia drug laws and will work tirelessly on your behalf. The attorneys with the Dua Law Firm stand ready to help. We are experienced and aggressive marijuana possession lawyers in Fairfax County who handle drug possession defense cases day in and day out. Contact our office today to schedule a free, confidential case review.


Contact Raj Dua—an Experienced Fairfax County Drug Possession Defense Attorney
If you’re facing drug charges in Virginia, we can help explore all of your options to get the best possible result in your case.
Call (703) 382-7300 or email rdua@dualawfirm.com for a free consultation.

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