What To Do: Possession Of Marijuana First Offense
Marijuana is legalized for medical use, but in Fairfax County, possessing this substance is considered a misdemeanor if there are no valid prescriptions in effect. First-time offenders may however get a pass to serve probation in lieu of jail time, or seek out a restricted license.
It’s still a crime to possess marijuana, even in small quantities in Fairfax County, Virginia. The only exception is if you’ve been prescribed this substance for medical use.
If this has been your first brush with the law for marijuana possession, there may be options, including:
- Probation – in which case all the terms of the probation must be met to avoid jail time.
- Infraction – a lawyer may be able to plea this charge down to a lesser crime.
More on Probation
During probation, first time offenders must complete a number of checklists including giving up their driving privileges for a period of six months; completing at least 24 hours of community service; enrolling in and paying for a drug treatment program; plus pay all fines outlined by the court. The details are stipulated in Virginia Code 18.2-251.
First time drug offenders who possess other drugs besides marijuana may be eligible for these terms.
The Usual Penalties for Marijuana Possession
Typical sentences for marijuana possession, being the first offense, include up to $500 in fines and or up to 30 days in jail.
In most cases, jail time isn’t imposed, except in cases with aggravating factors. Additionally, penalties may include license suspension for a period of up to six months.
One goal you can pursue when it comes to sentencing is to ask a lawyer about restricted licenses. This will allow you to carry on with work life, education, or attending a drug alcohol treatment program without driving on a suspended license.
The ultimate goal however, is to have the charges dismissed to prevent a criminal record, which can impact your career and life as a whole.
Other Key Notes
- Even if you’re medically authorized to use or possess marijuana, it’s unlawful to drive under the influence of the substance.
- Some conditions that may increase penalties and charges for first-time marijuana possession include doing so near a school, in the presence of a minor, or as discussed earlier, driving while under the influence of the substance.
- You may be charged with marijuana possession, even if you only had the paraphernalia on-person. This is because it’s also illegal to possess drug paraphernalia, such as bongs, pipes and other devices.
The laws regarding marijuana use are quickly changing. Speak with a lawyer if you have used this substance recreationally and are now facing serious misdemeanor charges, along with a criminal record for possession.
