Possession of Marijuana

Marijuana is a very controversial issue. Arguments have been made for the legalization of marijuana, for medical and personal use. The mindset towards marijuana has been up and down since the drug was discovered centuries ago. When the original colonies were founded in Virginia, farmers were actually required to grow, what was referred to as “Indian Hemp”. During the early 1900’s, Mexican immigrants started bringing marijuana into the states. However the first law, criminalizing marijuana, was founded because of use by Mormons. Mormons in 1910 would travel into Mexico and bring marijuana back to Salt Lake City. The church was not pleased and made it against church law. Since the Church in Utah enshrined Mormon law into state law, the state soon followed. However the thrust of illegalization in the early 1900 was fueled by racism against Mexicans and African Americans. Politicians claimed the drug made these people into murderers, and uncontrollable. The marijuana tax act of 1937 targeted minorities, as they could not pay the tax. In 1969, the tax act was found unconstitutional, however marijuana was added as an illegal drug in the drug control act of 1970. The 1980’s brought further criminalization of marijuana. However, States seem to be slowly loosening their hard stance on marijuana. Several states have made medical marijuana legal. States such as Alaska have nearly passed laws decriminalizing small amounts of marijuana for personal use.

In Virginia possession of marijuana is a misdemeanor, and can possibly land you in jail for 30 days. However, usually a first offense can be worked out to what is called “first offender treatment” this means that after six months the charge can be dismissed. You will be required to test clean, and you will lose your driver’s license for six months. However, this gives you a chance to have the charge dismissed from your record. A second offense is punishable up to 12 months in jail and a fine of $2500. Penalties get tougher for large amounts, cultivation or sales. If you are charged with possession of marijuana you need to contact an attorney. Call me, Criminal Defense Attorney Sean Contreras and I will be happy to review the law with you and advise you of what you can expect.