Possession of Marijuana Options
Now that marijuana has been legalized in several states across the United States, will I get in trouble if I’m found with the substance in Virginia? Read more by clicking here.
Marijuana use in Virginia – is it legal, or no?
The topic has been subject to heated debates throughout the nation, but here’s what visitors and residents need to know about the legality of marijuana possession in the state:
- The law outlines that marijuana possession is legal when there has been a valid prescription issued by a certified doctor.
- Some of the top ailments considered for medical marijuana use are cancer and glaucoma.
- Doctors and pharmacists too, are exempted from prosecution for the sales or distribution of medical marijuana when it’ prescribed for the purposes of cancer or glaucoma in the state of Virginia.
Virginia Criminalizes Possession of Marijuana
Nevertheless, it is illegal to possess marijuana for non-medical uses, and serious penalties may arise if found guilty. The typical sentencing includes a fine of $500 for the possession of less than half-ounce of marijuana; and/or up to 30 days’ imprisonment.
Second-time offenders found in possession of less than half-ounce of marijuana face up to $2,500 in fines, and or up to one-year imprisonment.
Other Penalties
The laws furthermore outline that if a person is found in possession of more than ½ oz. of marijuana, but no more than 5lbs., this is considered to be a Class 5 Felony. Any possession exceeding 5 lbs. is a felony punishable by 5-30 years imprisonment.
However, many of these penalties will be substantially reduced once you actually go to court. It is very rare that anyone is sentenced to the max. Additionally, if you have no prior drug record and are accused of possession, you will be eligible for the 251 program. Under that program the matter will be dismissed if you stay out of trouble, complete 24 hours of community service and attend a number of drug awareness classes.
Will These Laws Change Anytime Soon?
Currently, there are two states that legalize marijuana – for recreational purposes. These include Washington D.C. and Colorado. 21 states, including Virginia, legalize the substance for medical use. There are several bills being drafted and protests made across the nation to legalize the substance entirely. Time will only tell how this will play out.
Alternatives to Jail
First time offenders of marijuana possession, not exceeding more than ½ oz. may qualify for a deferred disposition and dismissal of the charges.
What is this, you may ask?
It’s a probationary term, with specific orders by the court. It may entail one of more of the following conditions:
- The defendant will have to undergo random drug testing.
- The defendant will need to enroll in assessment treatment and education programs. Refer to the Virginia Alcohol Safety Action Program.
- The defendant will need to perform community service and report to his or her probation officer.
- The defendant may receive mandatory suspension of his or her driver’s license.
Even though this may appear to be a great alternative to serving jail time, there may be ripple effects to pleading guilty, such as the inability to expunge records. It’s critical to weigh the pros and cons of alternative sentencing – and consult with a lawyer for expert advice.
