possession of marijuana

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possession of marijuana

I was charged with possession of 1/2 lb of marijuana, but only had 5 ounces, 3 ounces short of the charge. Is this dismissable?

Asked on April 20, 2009 under Criminal Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Dismissable as what? Did the police inventory the amount? Do you have a lawyer to check the police car video if the officer video taped it with the on dash camera. 

If you do not have a lawyer, try www.attorneypages.com.

In terms of your question, I offer the following:

§ 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.

(1979, c. 435; 1991, c. 649; 1998, c. 116.)


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