Possession of Marijuana in Virginia

Section 18.2-250.1 of the Virginia Code provides that, as a general matter, it is unlawful for a person to knowingly or intentionally possess marijuana. When prosecuting this offense, the Government must prove beyond a reasonable doubt that defendant was aware of the presence and character of the marijuana and that he intentionally and consciously possessed it.

A first offense penalty for possession of marijuana is a misdemeanor conviction and carries a maximum penalty of 30 days in jail, a $500 fine, and a 6 month driver’s license suspension if the offense occurred at the time of operating a motor vehicle. A person charged with a first offense, however, may be eligible for a deferred disposition, pursuant to Section 18.2-251, and ultimately have the charge dismissed upon completion of certain court-ordered requirements.

A second or subsequent conviction of the charge of possession of marijuana is a Class 1 misdemeanor, which means that the defendant is subject to a maximum of 12 months in jail, a $2,500 fine and a 6 month driver’s license suspension.

If you have been charged with possession of marijuana in Virginia,contact Patel & Williams today to discuss your matter.