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  1. #1
    Join Date
    Jan 2007
    Posts
    1

    Unhappy Marijuana Possession in Virginia

    I'm 21, I live in Virginia and was caught by city police. My roommate and I were sitting in our living room smoking out of my bong (it was his weed, but my bong) when the cops came to the door. They could smell it and everything so we just cooperated. My roommate gave up his grinder, the marijuana, and his pipe, and I gave them my bong. The officer even commented that we were more cooperative than most he's dealt with. I know that doesn't really matter a whole lot, but maybe he'll influence the judge's ruling when the court date comes? Anyway, I want to know if I'd still be charged with possession of marijuana even though it wasn't mine, or if I'd just be charged with possession of paraphernalia. There was resin in the bowl, if that makes any difference.
    On the summons, it says I'm charged with 18.2.250.1 Possession of marijuana, first offense. I'm really getting nervous about this whole thing. What kind of penalties am I probably going to receive?
    At the time of the arrest, the officer told us that my roommate and I were getting separate court dates because of different offenses. His is sometime soon and mine isn't until mid-June, if that makes any difference.

    EDIT: The amount of marijuana was around half an eighth of an ounce. I have a clean record, except for a speeding ticket and minor traffic offenses like that. Also, is there anything I should do before the court date in June?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Marijuana possession in Virginia

    Quote Quoting jaustin24
    View Post
    I'm 21, I live in Virginia and was caught by city police. My roommate and I were sitting in our living room smoking out of my bong (it was his weed, but my bong) when the cops came to the door. They could smell it and everything so we just cooperated. My roommate gave up his grinder, the marijuana, and his pipe, and I gave them my bong. The officer even commented that we were more cooperative than most he's dealt with. I know that doesn't really matter a whole lot, but maybe he'll influence the judge's ruling when the court date comes? Anyway, I want to know if I'd still be charged with possession of marijuana even though it wasn't mine, or if I'd just be charged with possession of paraphernalia. There was resin in the bowl, if that makes any difference.
    On the summons, it says I'm charged with 18.2.250.1 Possession of marijuana, first offense. I'm really getting nervous about this whole thing. What kind of penalties am I probably going to receive?
    At the time of the arrest, the officer told us that my roommate and I were getting separate court dates because of different offenses. His is sometime soon and mine isn't until mid-June, if that makes any difference.

    EDIT: The amount of marijuana was around half an eighth of an ounce. I have a clean record, except for a speeding ticket and minor traffic offenses like that. Also, is there anything I should do before the court date in June?
    You both were in possession, it doesn't matter that you didn't own it.

    18.2-250.1. Possession of marijuana unlawful.

    A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

    Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.

    Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.

    B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
    In Virginia, first time offenders could get a deferred sentence. (Which possibly could be fines, probation, drug treatment, community service....)

    Contact a criminal defense attorney, some offer a free consultation.

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