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Phone: 703-865-6610
Easley Law Firm

Can I go to jail for being caught in possession of marijuana?

In Virginia, it is unlawful for any person to knowingly or intentionally possess marijuana.  The only way possession is legal is if the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a professional practitioner. 

A first offense for possession of marijuana is an unclassified misdemeanor which carries up to 30 days confinement in jail and a fine up to $500, either or both.  A first offender will likely qualify for a diversion program whereby, upon compliance with all terms of probation, including community service, drug education and treatment, loss of driving privileges and general good behavior, the charge will be dismissed. 

A second or subsequent offense is a Class 1 misdemeanor and carries up to 12 months incarceration and a fine up to $2,500, either or both.  All marijuana convictions require a six month loss of driving privileges (restricted privileges may be granted by the court). 

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Easley Law Firm

  • 10521 Judicial Drive
    Suite 205

    Fairfax, VA 22030
  • Phone: 703-865-6610
  • Fax: 703-842-6101
  • Toll Free: 888-386-3898
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