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Virginia Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I live in VA. If i get caught with less then an ounce of marijuana thats bagged up, could i still get a felony charge?
Brian M. Latuga
Brian M. Latuga answered on Nov 1, 2020

Less than an ounce, if charged as distribution, is a misdemeanor. Less than an ounce for personal use is a civil penalty and still unlawful. Anything over an ounce charged as distribution is a felony.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: As a 23 year old Virginia resident, can I purchase recreational Marijuana in washington dc?
Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Purchasing marijuana is legal in the District of Columbia. What I'm guess you are asking is if you can bring it back into Virginia and possess it. Possession of Marijuana is not legal in the state of Va but it was just decriminalized - which make it a civil penalty of $25 for possession of... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Virginia on
Q: I currently have two charges that deal with marijuana. One for possession of paraphernalia and the other for possession

The charges happened in Va in two different counties. They are previous charges from 2015 and 2017

Brian M. Latuga
Brian M. Latuga answered on Jul 7, 2020

Good morning. Is there a question associated with this?

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Marijuana is now decriminalized in VA. I was charged before it passed but still haven't been to court. What will happen?
Shemeka C Hankins
Shemeka C Hankins answered on Jul 3, 2020

It will depend on the judge and the facts surrounding your situation. If it is a first time offense it is highly likely that the judge will follow the new decriminalization statute.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: will officers in VA be able to use marijuana smell as probable cause to search a vehicle when the new law is in effect.
Brian M. Latuga
Brian M. Latuga answered on Jun 15, 2020

Yes. It is not legal, but merely a lesser penalty (civil infraction) for smaller amounts of plant marijuana.

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: If I got a marijuana possession charge when I was 17 but may not go to court until after my birthday..

Will I be charged as an adult or minor? This is my 3rd posession charge.

Shemeka C Hankins
Shemeka C Hankins answered on Feb 24, 2020

If the date of offense was before you turned 18, then the case will be in juvenile court. You should definitely seek counsel still however b/c they can sentence you as an adult if you are 18 b/c technically you cannot take advantage of juvenile services. Also it is a third offense so the court... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: Hi im from va. Im on first offenders for weed I got caught shoplifting today what will happen? 97$
Shemeka C Hankins
Shemeka C Hankins answered on Feb 11, 2020

More than likely if you are convicted of the shoplifting, you will also be convicted of your marijuana charge. One of your conditions of the first offender is good, law-abiding behavior so a new conviction is a violation of that. You should consult with your prior attorney or a new who can advise... Read more »

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