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Don’t Become a Victim of the War on Drugs.

 

Many view personal drug use as a "victimless crime," but the government views drug use as a direct contributor to violent crime. Both the States and Federal government are leading a well financed war on drugs that measures its success by the number of convictions made and the size of drug busts. Drug charges are pursued very seriously at both the state and federal level.  Call now for a free consultation so you know where you stand. 

   
 
 
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     Virginia Marijuana Laws  
     
 
 
 
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Virginia Marijuana Laws Compared

The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut.  This determination is based on level of enforcement, weight limits, fines and/or time imprisoned.  This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks. 

 
  Virgina  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Connecticut  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Hawaii  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Maine  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
 
 
 

Medical Marijuana

 

A. No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for the possession of marijuana when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice for treatment of cancer or glaucoma. 

B. No medical doctor shall be prosecuted under § 18.2-248 or § 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol for medical purposes when such action occurs in the course of his professional practice for treatment of cancer or glaucoma. 

C. No pharmacist shall be prosecuted under §§ 18.2-248 to 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol to any person who holds a valid prescription of a medical doctor for such substance issued in the course of such doctor's professional practice for treatment of cancer or glaucoma.

 

 
 
 

Misdemeanors

 


Unlawful possession of marijuana
Any person who possesses any amount of marijuana.  Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge.
Fine: Up to $500                                              Imprisonment: Up to 30 days

 

Unlawful possession of marijuana (2nd offense)
Any person who possesses any amount of marijuana with a prior conviction for the same offense.
Fine: Up to $2,500                                           Imprisonment: Up to 1 year


Unlawful sale/distribution of marijuana

Any person who sells, gives, distributes or possesses with intent to sell, give or distribute ½ ounce or less of marijuana.
Fine: Up to $2,500                                           Imprisonment: Up to 1 year


Unlawful sale of drug paraphernalia

Any person who sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana.
Fine: Up to $2,500                                           Imprisonment: Up to 1 year


Unlawful distribution of drug paraphernalia to a minor

Any person eighteen years of age or older who distributes drug paraphernalia to a minor knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana.

Fine: Up to $2,500                                           Imprisonment: Up to 1 year

 

 
 

Felonies

 


Unlawful sale/distribution of marijuana
Any person who sells, gives, distributes or possesses with intent to sell, give or distribute ½ ounce to 5 pounds of marijuana.
Fine: Up to $2,500                                           Imprisonment: 1 to 10 years


Unlawful sale/distribution of marijuana

Any person who sells, gives, distributes or possesses with intent to sell, give or distribute more than 5 pounds of marijuana.
Fine: Up to $100,000                                       Imprisonment: 5 to 30 years



Unlawful cultivation of marijuana

Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use
Fine: Up to $10,000                                         Imprisonment: 5 to 30 years


Unlawful distribution of marijuana to a minor (less than 1 ounce)

It shall be unlawful for any person who is at least 18 years of age to knowingly or intentionally distribute less than 1 ounce of marijuana to a person under 18 years of age who is at least three years his junior or cause any person under 18 years of age to assist in such distribution of less than 1 ounce of marijuana. (Mandatory 2-year prison sentence running consecutively to prison term imposed for violating other drug distribution laws).
Fine: Varies                                                      Imprisonment: MMI 2 years


Unlawful distribution of marijuana to a minor (more than 1 ounce)

It shall be unlawful for any person who is at least 18 years of age to knowingly or intentionally distribute more than 1 ounce of marijuana to a person under 18 years of age who is at least three years his junior or cause any person under 18 years of age to assist in such distribution of more than 1 ounce of marijuana. (Mandatory 5-year prison sentence running consecutively to prison term imposed for violating other drug distribution laws).
Fine: Varies                                                      Imprisonment: MMI 5 years


Unlawful sale/manufacturing of marijuana on a restricted area

Any person who manufactures, sells or distributes or possesses with intent to sell, give or distribute any marijuana while on or within 1,000 feet of the property, including buildings and grounds, of any public or private elementary, secondary, or post secondary school, or any public or private two-year or four-year institution of higher education, or any clearly marked licensed child day center or on any school bus or at a designated school bus stop, or upon either public property or any property open to public use which is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity.  Also includes the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or upon the property of any state facility or upon public property or property open to public use within 1,000 feet of such an institution.  Violation of this section shall constitute a separate and distinct felony.
Fine: Up to $100,000                                       Imprisonment: 1 to 5 years


Unlawful sale of drug paraphernalia to a minor

Any person eighteen years of age or older who sells or possesses with intent to sell drug paraphernalia to a minor who is at least three years junior to the accused in age, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana.
Fine: Up to $2,500                                           Imprisonment: 1 to 5 years

MMI=Mandatory Minimum Imprisonment


Note
: Second or subsequent offenses result in much harsher fines and/or penalties than noted for this state.  Possession/sale/distribution of marijuana within a school zone and/or to minors results in much harsher penalties in this state.

 
 United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States.  With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses. 
 
 
 
 Source
Code of Virginia
§ 18.2-250.1, § 18.2-251.1, § 18.2-248.1, § 18.2-255, § 18.2-255.2, § 18.2-265.3
FBI Uniform Crimes Report

 
 
State by State Laws
Curve
 
Curve In the News Curve
Curve Curve
 
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