“§ 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.
Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.
(a) Any person who violates this section with respect to:
(2) More than one-half ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;”
In the Commonwealth of Virginia, a Class 5 Felony is punishable by:
a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. (Code of Virginia 18.2-10[e])
I was able to get my client’s felony reduced to a misdemeanor Possession of Marijuana charge, which has much less of a negative impact.