FAQs About Drug Possession Laws In Virginia
What Is Considered Possession, Sale, Distribution, And Intent To Distribute Unlawful Drugs In The State Of Virginia?
Possession in the simplest sense is defined as having access and control to a drug and knowing what the drug is. For example, if you know what cocaine is and if it is reasonably under your control (whether it’s on your person, in your car or home where you can easily access it) the elements of the crime of possession have been satisfied.
Distribution is the act of selling, giving away or distributing a controlled substance to others whether it’s for profit or not for profit. If it’s not for profit, it’s still distribution but it may invoke a defense in Virginia called “accommodation”. Accommodation still makes it a felony to distribute that particular drug but reduces the level if the act is not done for any kind of monetary benefit.
Possession with Intent to Distribute is not the actual distribution of a drug, but it is possession of the drug coupled with an intention to distribute it to others. Again, that can be charged based on the weight. If you have large amounts of a drug that is more than the typical personal use amount, or packaged for distribution, or possessed with other indicia of the drug trade (digital scales, client lists, etc.) the police can charge the case as Possession with Intent to Distribute.
What Is The Law On Medical Marijuana In Virginia? Has It Been Legalized For Medical Use?
Virginia law doesn’t authorize medical providers or pharmacies to dispense marijuana for any purpose.
However, the possession of marijuana statute in Virginia does create a carve out where possession of marijuana is not illegal if it’s obtained directly from a dealer or pursuant to a valid prescription or order of a practitioner in the course of their professional practice.
What Is Considered Drug Trafficking Under Virginia Law? Would That Be A State Level Crime Or A Federal Level Crime?
Drug trafficking is possession of large quantities of illegal drugs associated with the sale for profit of those drugs rather than for personal consumption. Generally drug trafficking would be a state level crime. However, if the drugs cross state lines, the case may proceed in federal court. Some of the trafficking cases also end up in federal court depending on the amount. Those are usually the larger cases that involve multiple kilos of cocaine and large amounts of marijuana.
If you need information regarding Drug Possession Laws In Virginia, call the BUGG LAW FIRM, PLLC for a FREE Initial Consultation at (703) 552-2462 and get the information and legal answers you’re seeking.
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