Possession of Marijuana is Illegal in Virginia

Chris Voltin Criminal Law


Possession of marijuana is one of the most commonly charged offenses in Virginia.  While several states have recently decriminalized the possession of small amounts of marijuana, possession of marijuana in Virginia is still a misdemeanor punishable by a jail time, a fine, and a six month loss of driver’s license.


Possession of marijuana first offense is punishable by a maximum of thirty days in jail, a $500 fine, and a six month loss of driver’s license.  A second conviction is a Class 1 misdemeanor punishable by up to twelve months in jail, a $2,500 fine, and a six month loss of driver’s license.

Possession of Marijuana

Possession of Marijuana

There are a variety of defenses to possession of marijuana.  In addition to the issues raised in constructive possession cases (see our blog on felony possession of controlled substances), there are frequently constitutional issues relating to how the marijuana was discovered.  If the police discovered marijuana by performing an illegal search, then the case can be thrown out on that basis.  In addition, there can also be issues related to the testing of the marijuana.  Virginia allows marijuana to be field tested rather than sent off to the state lab; however, an accused also must be advised of his or her right to have the marijuana tested at a lab of his or her choosing.  Failure to advise of this right can also be exploited by a diligent attorney at trial.


The attorneys of Goff Voltin have handled numerous possession of marijuana cases in many of the Hampton Roads local jurisdictions to include but not be limited to Newport News, Williamsburg, Hampton, and York County.  We diligently work with you to obtain the facts of the case, pursue all available discovery from the Commonwealth, and research the case law to put on the most aggressive defense possible.  Call our office today for a free consultation today to further discuss your case.