Use marijuana, get high & go bye bye (to jail)
by David A. Cardon, Esquire

Dear Mr. Cardon,
My boyfriend and I occasionally use marijuana. Recently, I have suspected my boyfriend of selling marijuana to his friends. When I confronted him about it, he told me he gave some to his friends, and therefore, that is not considered "dealing." Could you please tell me the Virginia laws relating to possession and sale of marijuana?

If your boyfriend is giving drugs to friends without intending to make any profit, the transaction might be classified as an "accommodation." The punishment for an accommodation, while not as severe as selling for a profit, is still a class one misdemeanor, punishable up to one year in jail and up to a $2500 fine. A description of some of the Virginia laws relating to possession and sale of marijuana are listed below:

Possession of marijuana: It is against the law to knowingly possess marijuana unless it was obtained directly from a valid prescription or order of a practitioner while acting in the course of his professional practice. First offense is a misdemeanor with not more than 30 days in jail and a fine of not more than $500, either or both. Second offense is a class one misdemeanor up to twelve months in jail and a fine up to a $2500, either or both. The judge can not presume that you, as the owner of the house or car in which the marijuana was found, knew or intentionally possessed the marijuana.
Sale, gift, distribution of marijuana: If you sell, give, distribute or possess with the intent to sell, give, or distribute marijuana, you are in violation of Virginia law. The severity of punishment depends on the amount of drugs. For not more than one-half ounce of marijuana, you are guilty of a class one misdemeanor. For more than one-half ounce, but not more than five pounds of marijuana, you are guilty of a class five felony. more>>

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