Possession and sale of marijuana can be complex charges that vary greatly depending on the amount of the substance, the age of the person charged, and prior convictions. Consequences for a marijuana crime in Virginia Beach, VA, can include fines, jail time, or, in some instances, both. David A. Cardon has helped many clients evaluate the evidence in their case and build a sound plan of action to reduce charges or have them dismissed entirely. If you are in need of a marijuana lawyer, contact us online or call us at (757) 306-9060 to schedule a consultation.
What are the penalties for possession and sale of marijuana?
It is against the law to knowingly possess marijuana unless it was obtained directly from a valid prescription or order of a practitioner while acting in the course of his professional practice. First offense is a misdemeanor with not more than 30 days in jail and a fine of not more than $500, either or both. Second offense is a class one misdemeanor up to twelve months in jail and a fine up to a $2500, either or both. The judge can not presume that you, as the owner of the house or car in which the marijuana was found, knew or intentionally possessed the marijuana.
Dave Cardon from Cardon Law breaks down the penalties for possessing marijuana and THC oil and discusses how people with certain medical conditions can become a certified THC-A oil user.
Sale, Gift, Distribution of Marijuana
If you sell, give, distribute or possess with the intent to sell, give, or distribute marijuana, you are in violation of Virginia law. The severity of punishment depends on the amount of drugs. For not more than one-half ounce of marijuana, you are guilty of a class one misdemeanor. For more than one-half ounce, but not more than five pounds of marijuana, you are guilty of a class five felony. A class five felony consists of a term of imprisonment of not less than one year nor more than ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. For more than five pounds of marijuana, you are guilty of a felony punishable by imprisonment of not less than five years nor more than thirty years. If you manufacture or distribute illegal controlled substances in Virginia, you should also be aware the government can seize any property used in substantial connection with the drug activity. This can include your money, your car and even your house.
Sale of Marijuana to a Minor
If you are at least eighteen years old, and you knowingly or intentionally distribute marijuana to any person under eighteen years of age who is at least three years your junior, or if you cause any person under eighteen years of age who is at least three years your junior to assist in such distribution of marijuana you shall be imprisoned in a state correctional facility for a period not less than ten nor more than fifty years, and fined not more than $100,000. Under the statute, five years of the sentence imposed can not be suspended, in whole or in part for a conviction under this section involving one ounce or more of marijuana. Two years of the sentence imposed can not be suspended, in whole or in part, for a conviction involving less than one ounce of marijuana.
If you manufacture marijuana not for your own use, you are guilty of a felony punishable by imprisonment of not less than five nor more than thirty years and a fine not to exceed $10,000. David A. Cardon has helped many clients evaluate the evidence in their case and build a sound plan of action.
What Penalties are Associated with Drug Paraphernalia?
If you sell or possess with the intent to sell drug paraphernalia, you are guilty of a class one misdemeanor. If you are eighteen years of age or older and you sell drug paraphernalia to a minor at least three years younger than you, you are guilty of a class six felony. A class six felony consists of a jail sentence of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
Consequences Associated with Transportation
If you are caught transporting five or more pounds of marijuana into Virginia with the intent to sell or distribute, you are guilty of a separate and district felony punishable for not less than five years nor more than forty years in prison, and a fine not to exceed $500,000.
Impact of a Marijuana Conviction
Notwithstanding the possible jail sentence and fines, having a drug-related conviction on your criminal record can adversely affect other aspects of your life. If you are in the military, it can affect your chances for promotion or for gaining security clearance. A drug conviction can affect your ability to get a job as a lawyer, a nurse, a doctor, a politician, a teacher, or a law enforcement officer.
Legal Counsel for Your Marijuana Crime
Our team can create the strong defense you need for your misdemeanor or felony case. David A. Cardon has been providing effective legal representation to his clients for over 20 years. Do not hesitate to seek the immediate assistance you need. Contact us online or call us today at (757) 306-9060.