Is The Smell Of Weed Probable Cause In Illinois For A Qualified Registered Medical Cannabis Patient
Due to several recent changes to Virginia'due south marijuana laws, the drug is effectively decriminalized equally of July 1st, 2021.
In this commodity, nosotros'll cover the distinct ways that Virginia law treats marijuana possession and distribution differently than other drugs.
We'll too outline the relevant Lawmaking sections that criminalize marijuana distribution, the punishments you lot can expect, and how y'all tin become about fighting the charges.
If you are charged with either the possession or distribution of marijuana, information technology'due south important to contact a lawyer immediately in order to gear up the best possible defense for your example.
Contents:
Marijuana Possession in Virginia
The Virginia Code treats marijuana possession differently than it does for other controlled substances.
Specifically, as of July 1st, 2021, in that location are effectively no laws which outright criminalize the possession of marijuana, provided in that location is no obvious intent to sell that marijuana.
Before nosotros keep with the Virginia-specific rules, however, it's important to notation that marijuana is still illegal at the federal level.
This ways that federal courts still treat fifty-fifty a first-time charge for the possession of marijuana as a Class A misdemeanor.
This is especially important for individuals pursuing immigration relief (such as adjustment of status applicants), individuals who are in the war machine, or individuals who otherwise hold jobs at the federal level.
Employees of companies with federal contracts are also field of study to these restrictions and additional random drug screenings.
Possession of Other Controlled Substances
Normally, the penalties for the possession of a controlled substance in Virginia include community service, a fine, and maybe jail fourth dimension.
These penalties generally remain the same regardless of whether or non information technology's your get-go offense.
However, starting time offenders may be eligible for deferred disposition programs that volition make them eligible for probation rather than jail time.
Additionally, carrying a firearm—even a licensed one—while in possession of a controlled substance will simply add to any penalties.
It's the type of drug, not necessarily the amount, that will determine whether you are charged with a misdemeanor or felony.
However, in Virginia, big quantities of certain drugs are besides an indicator of distribution, which tin can carry separate and additional charges from possession.
How Marijuana Possession is Dissimilar
The Virginia Code makes marijuana the sole exception to the rules described higher up.
Specifically, due to a alter in Virginia's marijuana laws that came into effect on July 1st, 2021, marijuana possession is no longer a criminal offense, and you lot cannot be charged for the elementary possession of marijuana.
Should a police officer cite y'all with the possession of marijuana they are doing and then on a now-repealed law, and you lot should take steps to fight the ticket in courtroom.
Note, withal, that the possession of marijuana can nonetheless requite the officers probable cause to search your vehicle or home, such as if they have a reasonable suspicion that you intend to sell the marijuana elsewhere.
What About Marijuana Derivatives?
The legalization of marijuana in many other states has led to an explosion in the product and use of different types of marijuana oils and resins.
While legal in other states, the possession of these products is still largely illegal in Virginia.
Hashish Oil
As of July 1st, 2020, the state of Virginia no longer treats hashish oil ("hash") differently from other forms of marijuana.
Specifically:
"Marijuana" means any part of a establish of the genus Cannabis whether growing or non, its seeds, or its resin; and every chemical compound, manufacture, common salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. Marijuana does not include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seeds of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. Marijuana does not include [industrial hemp as defined in this statute].
Virginia Code § 54.1-3401
Cannabidiol and THC-A Oil: What virtually medical marijuana?
As of July 1st, 2020, medical marijuana is now legal in Virginia.
Specifically, in July of 2019 the state canonical a very limited exception for certain marijuana derivatives that lack psychoactive properties.
In the contempo updates to the Code, these changes accept been expanded to make medical marijuana legal throughout the commonwealth, provided the patients receive prior approval from a certified medical professional.
For this reason, you may possess small amounts of Cannabidiol or THC-A oil in Virginia, provided you lot have a legal prescription for a diagnosed condition or disease, every bit well every bit the explicit approving of the Virginia Board of Pharmacy.
If you lot are arrested for the possession of legal Cannabidiol or THC-A oil, get in bear upon with a lawyer.
In most cases, you should be able to file a certification with the courtroom and get your charges dropped without the example going to trial.
To read more about this change, bank check out the following resources:
- Virginia Lawmaking § xviii.2-251.1 — The criminal section of the Virginia Code on medical marijuana.
- Virginia Lawmaking § 54.i-3408.iii — The relevant Virginia Lawmaking section for this topic.
- The Virginia Department of Health Professions — A website for pharmaceutical professionals to learn more than about the change.
- The Virginia NORML Website — A nonprofit organization that seeks to legalize marijuana in Virginia. We don't necessarily share all of their views, only they have a well-written FAQ section on the topic.
Selling, Growing, and Distributing Marijuana
As with other drugs, Virginia law makes it a felony to grow, sell, or possess substantial amounts of marijuana with the intent to distribute it.
Unlike other forms of drugs, however, the penalties for distributing marijuana tin can vary based on the amount of drugs in your possession.
Dwelling house Cultivation of Marijuana for Personal Use
Due to recent changes to the Virginia Code, it is at present perfectly legal to cultivate up to four marijuana plants for personal use in your residence.
This means that individuals who cultivate modest amounts of marijuana at home for strictly personal use will more often than not exist exempt from the normal distribution charges establish in larger operations.
Possessing Marijuana with the Intent to Distribute
The penalties you lot'll confront for a charge possession of marijuana with an intent to distribute volition depend on the corporeality of marijuana the police establish at the scene.
Specifically, yous'll face the post-obit charges based on how much marijuana they find:
- Possession of an ounce of marijuana, or less, with the intent to distribute is a Form ane misdemeanor. It is punishable by a fine of up to $2,500 and up to a year in jail.
- Possession of more than an ounce but less than five pounds of marijuana is a Class v felony. It is punishable past a fine of up to $2,500 and upwards to 10 years in prison house.
- Possession of more than five pounds of marijuana is a felony. It is punishable past a prison term of betwixt 5 and 30 years.
Additionally, growing large amounts of marijuana and manufacturing its derivatives are both felonies in Virginia.
These are split crimes which are punishable by an additional fine of upwardly to $10,000 and a prison term of between 5 and 30 years.
Finally, you lot should also annotation that Virginia has a "three strike" rule when it comes to marijuana distribution.
Upon a person'due south third felony conviction for marijuana production or distribution, the minimum penalty becomes a prison sentence of no less than v years.
Possessing Marijuana Paraphernalia with the Intent to Distribute
Selling or distributing drug paraphernalia is besides a crime in Virginia.
Regardless of the amount of paraphernalia, distribution is a Class 1 misdemeanor punishable by a jail judgement of up to ane year every bit well as a fine of upwards to $2,500.
Note that this mostly refers to paraphernalia related to the sale and distribution of marijuana, every bit most forms of paraphernalia related to personal use (such as a pipage or grinder) will not atomic number 82 to criminal charges.
Further, the distribution of drug paraphernalia to a minor is a felony.
The penalties for this crime can include a prison sentence of up to one year and a fine of upwards to $2,500.
Additional Consequences of a Marijuana Confidence
In addition to the direct penalties outlined in your sentencing (such as jail time, fines, and the suspension of your license) there are several other consequences you'll want to accept into account.
These consequences can range from ineligibility for professional licenses to restrictions on receiving land benefits.
Beneath, nosotros'll listing some common collateral consequences that affect individuals convicted of drug offenses in Virginia.
Employment Opportunities
Under Virginia law, employers can request criminal background checks for any potential hires.
This is especially truthful if the applicant is seeking a government position.
Having a serious marijuana charge on your record could crusade an employer to pass y'all over for a potential job.
Further, certain drug offenses can bar you from entering some professions in the first identify.
For example, almost controlled substance offenses bar you from gaining employment as a school bus driver or elderly intendance provider.
Loss of Housing Opportunities
A particularly nasty issue of a controlled substance confidence is the loss of certain private and public housing opportunities.
Virginia landlords are immune to perform background checks on potential renters, provided they don't target specific racial or religious groups.
If you have a marijuana accuse on your criminal record, a landlord may choose to deny your rental awarding.
Additionally, a landlord may choose to cease your lease for "good cause" if yous are arrested for possession on the bounds of your rental home or apartment.
Similarly, a marijuana conviction could bar you lot from certain public housing benefits.
You tin even be kicked out of your electric current apartment if you receive a felony marijuana conviction.
Finally, you should also note that the "1 Strike, You're Out" rule established back in the 1980s withal applies to Virginia public housing.
Under this dominion, a landlord can evict an entire household if even one member is bedevilled of a drug-related felony.
This dominion applies regardless of whether anyone knew of the offender'south illegal activity.
Marijuana Charges and Immigration/Naturalization Proceedings
As a firm that processes many immigration cases, we're especially aware of the effect that certain drug convictions tin have on the lives of immigrants.
The collateral consequences from a marijuana charge can exist fifty-fifty more than serious for someone who is seeking legal status in the U.s.a..
According to United states Citizenship and Immigration Services (USCIS), an essential requirement to naturalization is that the person is of "good moral grapheme."
If y'all take a criminal law-breaking such as marijuana possession on your record, you may not come across that standard.
However, having a marijuana charge doesn't necessarily bar you from citizenship.
For case, if it's a unmarried offense for unproblematic possession of thirty grams or less of marijuana, yous should still be able to authorize.
Even if your offense is more than serious, or if you lot have multiple charges, you tin can still submit prove that you have paid the penalty for your offense and have rehabilitated.
In any case, the laws surrounding whether simple possession counts as a "Offense Involving Moral Turpitude" are a piffling murky.
For this reason, whatsoever non-citizen who receives a marijuana charge should contact an attorney immediately to see whether the charge will affect their condition.
This is true even if you currently have legal condition (i.e. "have a green card") or are not otherwise seeking an adjustment of legal status.
Conclusion
Overall, Virginia's laws tend to treat the possession and distribution of marijuana as lesser charges compared to other drugs.
Still, that doesn't mean that marijuana-related charges aren't a large deal.
As ever, your best bet for avoiding the worst of these penalties is to become in touch with an experienced criminal defense lawyer every bit soon as possible.
Simply an attorney who has reviewed your case in full can fully advise you on the recommended course of action in your specific state of affairs.
Further Reading
Other Resources
Is The Smell Of Weed Probable Cause In Illinois For A Qualified Registered Medical Cannabis Patient,
Source: https://tingen.law/2018/guide-virginias-marijuana-laws/26433/
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