Possession With Intent to Distribute (PWID) Marijuana: Va. Code 18.2-248.1

Possession With Intent To Distribute Marijuana in Virginia

Va. Code 18.2-248.1 prohibits “any person to sell, give, distribute or possess with intent to sell, give, or distribute marijuana.” Most other drugs are covered by Va. Code 18.2-248, Possession With Intent to Distribute a Controlled Substance.

The penalties for PWID Marijuana depend on the weight of marijuana involved:

• Up to one ounce is a Class 1 Misdemeanor, punishable by up to one year in jail and/or up to a $2,500 fine.
• One ounce to five pounds is a Class 5 Felony, punishable by up to 10 years in prison, and/or up to a $2,500 fine.
• Five pounds or more is an unclassified Felony punishable by time in prison of five to thirty years.

“Intent to Distribute” can be proven without evidence of an actual sale. Evidence that may be used against you can include having certain amounts of cash, certain denominations of cash, having small ‘baggies’ in your possession commonly associated with drug sales, and similar. It is important to have an attorney review your case and analyze possible defense.

All of these are serious penalties. It is important to note that while the law regarding simple possession has changed, the law regarding Possession With Intent to Distribute Marijuana has not. This is an offense that will absolutely be charged and prosecuted. In 2021 Possession with Intent to Distribute Marijuana continues to be prosecuted, sometimes aggressively.

Consult with Experienced Virginia Counsel

If you have been charged with Possession With Intent to Distribute Marijuana, you absolutely should hire an attorney. This is a serious charge that will have life-long consequences, especially if charged as a felony. A qualified Virginia Criminal Defense Attorney will be able to work to get the best outcome possible for your case. That may mean seeking dismissal, or it may mean talking with prosecutors to look for other favorable outcomes. A quality attorney will look at the evidence to see if the Commonwealth can prove that you actually possessed the marijuana, if they can prove that the substance actually was marijuana, and can make arguments regarding the weight of the substance found. For instance, you may be charged with “over an ounce” of marijuana when you have less than an ounce of marijuana in a substance that is itself more than one ounce, e.g; brownies or other “edibles.”

Contact Us today to learn how our Criminal Defense Attorneys can help you.