CONTACT US AT 703.542.4500
Virginia criminalizes the sale, gift, distribution and possession with intent to sell, give or distribute marijuana in Virginia VA Code § 18.2-248.1. The most commonly charged crime is "Possession with Intent to Distribute." Whether you have been charged with simple possession or possession with intent to distribute, you must act quickly to defend yourself. At Noorishad Law, P.C., we have extensive experience representing clients in a wide range of criminal offenses. Our firm has the necessary resources and depth of legal knowledge to prepare a strong defense no matter how complex your case.
So What Constitutes the "Intent" to Distribute?
Virginia courts have considered a number of factors when determining if an intent to distribute exists:
Potential Penalties for Possession with Intent to Distribute Marijuana
Penalties under this section depend on the quantity of marijuana in the particular case. The potential penalties are as follows:
So What Constitutes the "Intent" to Distribute?
Virginia courts have considered a number of factors when determining if an intent to distribute exists:
- Quantity: If the quantity of drugs possessed is greater than that ordinarily possessed for personal use, that fact alone may be sufficient to prove intent; however, where the quantity is small, the Court may infer the drugs were intended for personal use. There is no specific limit on quantity which divides simple possession and possession with intent to distribute marijuana. Technically, if you pass a joint to the person sitting next to you, you can be charged with distribution of marijuana.
- Packaging: Marijuana that was packaged into multiple separately wrapped baggies has supported a finding of distribution.
- Testimony from the police officer or other expert: The police officer, or another expert's testimony, is a factor that the Court may consider in determining whether drugs were possessed with intent to distribute.
- A large amount of money: The presence of an unusually large amount of money, suggesting profit from sales, is another circumstance that supports an inference of the person's intent to distribute marijuana.
- Paraphernalia consistent with distribution: The presence of paraphernalia such as scales, grinders, baggies, or razor blades used in the packaging process supports an inference of the person's intent to distribute a controlled substance.
- Absence of drug paraphernalia for personal use: The absence of drug "paraphernalia suggestive of personal use" is another consideration in supporting a possession with intent to distribute marijuana.
Potential Penalties for Possession with Intent to Distribute Marijuana
Penalties under this section depend on the quantity of marijuana in the particular case. The potential penalties are as follows:
|
Weight of Marijuana
|
Offense Classification
|
Potential Penalties
|
|
More than 5 pounds
|
Unclassified Felony
|
5 to 30 years in jail
|
|
More than half an ounce and less than 5 pounds
|
Class 5 Felony
|
1 to 10 years and/or a $2,500 fine
|
|
Half an ounce or less
|
Class 1 Misdemeanor
|
Up to 1 year in jail and/or a $2,500 fine
|
When facing a possession with intent to distribute of marijuana charge in Virginia, it is critical to schedule a free consultation with an experienced attorney at our firm. We will examine the facts of your particular case to determine what possible defenses you may have in an effort to have your charges reduced or possibly dismissed. Please contact us at your earliest convenience to schedule your free telephone or in-person consultation with one of our attorneys.
