Drug possession charges in Virginia need to be taken seriously, including possession of marijuana charges. Even though it may be legal in many states, marijuana possession remains illegal in Virginia and a conviction can have serious consequences.
This post focuses on the penalties for a second offense Virginia marijuana possession conviction. For more information on first offense possession of marijuana penalties in Virginia, click here. For more information on how the Commonwealth can prove a Virginia marijuana possession charge, click here.
Va. Code §18.2-250.1 makes it a crime to possess marijuana in Virginia. A second offense Virginia marijuana possession charge is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, or both. The offender’s driver’s license will also be suspended for 6 months pursuant to Va. Code §18.2-259.1 if he is convicted of a second offense Virginia marijuana possession charge. If the offender has an out-of-state license, the Virginia DMV will suspend his privilege to drive in the Commonwealth for 6 months, but cannot take away a valid license from another state. This driver’s license suspension is in addition to any other license suspension period the offender may have received from the court or the DMV.
The offender can apply for a restricted driver’s license which will allow him to drive to work, school, and a few other places at specific times during the day. This restricted license is not a guarantee, but is left to the discretion of the judge.
It is important to contact a Virginia marijuana possession lawyer as soon as possible to discuss a second offense Virginia marijuana possession charge . This charge is taken seriously in Virginia, and a drug defense lawyer can help you get the best possible outcome for your case.
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