First Offense Virginia Marijuana Possession Penalties

Unlike many other states, it is still illegal to possess marijuana in Virginia.  The Commonwealth takes all drug charges seriously, even a first offense Virginia marijuana possession charge.  It is important to consult with a Virginia marijuana possession lawyer to discuss these charges and the consequences of convictions.

This post specifically focuses on the penalties for a first offense Virginia marijuana possession conviction.  For more information on how the Commonwealth can prove a Virginia marijuana possession charge, click here.

Va. Code §18.2-250.1 criminalizes possession of marijuana.  A first offense Virginia marijuana possession charge is a misdemeanor.  It is punished with up to 30 days in jail and/or a fine up to $500.

Additionally, the offender’s Virginia driver’s license will be suspended for 6 months if convicted of a first offense Virginia marijuana possession charge.  This suspension is in addition to any other license suspension period imposed on the offender by the court or the DMV.  Most people convicted of a first offense Virginia marijuana possession charge can apply for a restricted driver’s license to drive to work, school, and a limited number of other places.

Virginia cannot suspend a driver’s license from another state.  However, an offender with an out-of-state license will still be prohibited from driving in the Commonwealth for 6 months.

Finally, a first offense Virginia marijuana possession conviction will give the offender a permanent criminal record.  Virginia does not allow expungement of any convictions.  While many states are changing their stances on marijuana, it is still a serious charge in Virginia and a conviction will follow the offender for the rest of his life.

First Offense Virginia Marijuana Possession Deferred Disposition Program

Virginia has a deferred disposition program for first offense Virginia marijuana possession offenders.  If the program is successfully completed, the charge will be dismissed and the offender will not have a Virginia marijuana possession conviction.  Click here for more information on this program.

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