FAIRFAX VIRGINIA DRUG DEFENSE ATTORNEY CASE RESULT:
Misdemeanor Possession of Marijuana (Va Code 18.2-250.1) charge was threatened to be increased to the more appropriate charge of Possession with Intent to Distribute Marijuana; but the Defense prevailed and instead of an increase, the charge was reduced and amended to Improper Storage of Lawful Paraphernalia.
No drug testing, no drug classes, no continuous supervision, no volunteer work, and no license suspension (as are penalties normally associated with a Possession case or a the First Offense disposition).
Fairfax County General District Court at 4110 Chain Bridge Road, Fairfax, VA 22030.
Read more about Virginia Drug & Marijuana Law here: Virginia Marijuana & Drug Charges, Defenses, Penalties: Possession of Marijuana, Possession with Intent to Distribute, Felony & Misdemeanor Drug Charges, and Drug Law FAQClick to review all Drug / Marijuana case results.
§ 18.2-248.1 Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.
Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.
(a) Any person who violates this section with respect to:
(1) Not more than one-half ounce of marijuana is guilty of a Class 1 misdemeanor;
(2) More than one-half ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;
(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.
If such person proves that he gave, distributed or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor.
(b) Any person who gives, distributes or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof shall be guilty of a Class 4 felony.
(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.
(d) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.