Woodbridge, VA asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia

Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

1 Lawyer Answer
James L. Arrasmith
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  • Cannabis & Marijuana Law Lawyer
  • Sacramento, CA

A: In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's actions and involvement in the sale or distribution of cannabis.

If a manager is directly involved in selling or distributing cannabis in a smoke shop, they could face charges depending on the quantity involved. For possession with intent to distribute less than an ounce of marijuana, the penalty is a class 1 misdemeanor, which can include up to a year in jail and fines up to $2,500. For more than an ounce but less than five pounds, it is a class 5 felony, punishable by up to 10 years in prison and similar fines. The specific charges and penalties can escalate based on the amount of cannabis involved and whether it's a repeat offense.

The owner of the business could also face charges if they were complicit or directly involved in the illegal activities. This includes knowledge of the sales, directing such sales, or providing the resources for these sales. Legal outcomes can vary based on the specifics of the case, such as the quantity of cannabis sold and the individual's role in the distribution process. It is important for both business owners and managers to understand local laws and regulations surrounding the sale of cannabis to avoid legal complications.

Remember, involvement in unauthorized sales of cannabis in Virginia can lead to significant legal repercussions for anyone involved, regardless of their position in the business.

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