Under Virginia law, the simple possession of marijuana is not a criminal offense, but possession with intent to distribute is. The distribution is defined as selling, sharing, trading or gifting the drug.
- Possession with intent to distribute of 1 oz or less is Class 1 misdemeanor. The presumption is that the possession of 1 oz or less is for personal use unless Commonwealth can prove otherwise;
- Over 1 oz but less than 5 lbs is a Class 5 felony punishable by up to 10 years in prison;
- Over 5 lbs – Felony punishable by 5 to 30 years in prison.
In order to convict you of possession with intent to distribute, the Commonwealth must prove intent to distribute. There are many factors taken into consideration to determine intent, such as packaging, quantity, the unusual amount of cash, and other evidence.
Contact the experienced criminal defense attorney to evaluate the facts of your case and to discuss your defenses. Depending on the particular circumstances of your case, your charge can be reduced or even dismissed sometimes.
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