Top Rated Chesterfield VA Possession of Marijuana Lawyer
A person 21 years of age or older may possess marijuana on his person or in any public place in Chesterfield County as long as it is not more than one ounce. Possession that exceeds this amount is subject to a civil penalty. Possession of more than four ounces but not more than one pound of marijuana is a criminal misdemeanor. Possession of more than one pound of marijuana is a felony punishable by a term of imprisonment of one to ten years and a fine of up to $250,000 or both. Marijuana possession by those under age 21 is punishable by a $25 civil penalty and a requirement to enter a substance abuse program.
Related Chesterfield Defense Pages
- Chesterfield Overview
- Chesterfield Criminal Lawyer
- Chesterfield Underage Possession of Alcohol Attorney
- Chesterfield Shoplifting Lawyer
- Chesterfield DUI Lawyer
- Chesterfield Traffic Lawyer
For broader statewide guidance, see our Virginia Marijuana Lawyer page.
Marijuana Possession Criminal Defense Attorney Chesterfield VA
Riley & Wells Attorneys-At-Law is a local Chesterfield VA criminal law defense firm with over 60 years of collective experience successfully representing clients. Our lawyers specialize in defending marijuana possession cases. We have been recognized as a “Best Law Firm” for criminal law by U.S. News & World Report. Our lawyers maintain the highest ratings for legal ability and ethical standards. Our goal is to secure each client the best possible outcome to their case. You can benefit from our experience. Let us review your case. We represent clients before the Chesterfield Courts. Our firm has been positively reviewed more than any other law firm that defends criminal cases in Chesterfield County. We can help!
Chesterfield County VA Satisfied Client Review
Virginia Possession of Marijuana Penalties
- Permanent conviction on your record
- Loss of driving privileges
- Excessive fines
- Community service
- Random drug screens
- Incarceration
- Employment issues
- Loss of student aid
Excessive Chesterfield County VA Home Cultivation of Marijuana Attorney
Va. Code § 4.1-1101 allows for Chesterfield home cultivation of marijuana for personal use within limits. A person 21 years of age or older may cultivate up to four marijuana plants for personal use at their main place of residence. The marijuana plants must not be visible to the public. Precautions must be taken to prevent unauthorized access by those under age 21. Each marijuana plant must be tagged by name, driver’s license or identification number, and a notation that the marijuana plant is being grown for personal use. Contact our Chesterfield County VA Marijuana Lawyers if you have been accused of a home cultivation offense.
Marijuana Use in a Vehicle Chesterfield County VA Defense Lawyer
Va. Code § 4.1-1107 criminalizes the use or consumption of marijuana or marijuana products while in a vehicle being driven on a public highway in Chesterfield County VA. This law applies to the driver and passengers while the vehicle is being driven on a Chesterfield County public highway. This law does not apply to the living quarters of a motor home or the passenger areas of vehicles for hire such as a bus, taxi, or limousine. There is a permissive inference that marijuana has been consumed if an open container is located within the passenger area or the appearance, conduct, speech, or other physical characteristic of such person (excluding odor) is consistent with the consumption of marijuana.
Marijuana Distribution in Virginia is still a Criminal Offense
Recent law changes have de-criminalized marijuana possession. The distribution and/or the possession with the intent to distribute or sell marijuana is still a criminal offense pursuant to Va. Code 18.2-248.1. A violation of this law can be a misdemeanor or a felony. Weight alone is insufficient to prove an intention to distribute beyond a reasonable doubt. Adult sharing of marijuana that does not exceed one ounce is permissible if the marijuana transferred between persons are both 21 years of age or older and no payment is involved pursuant to Va. Code § 4.1-1101.1. Our Chesterfield County VA possession of marijuana criminal defense attorneys have extensive experience defending marijuana cases. Let us review your case. We can help.
Chesterfield County Possession of Marijuana DISMISSED
The issue in this possession of marijuana case was the admissibility of the plant material test results. We successfully argued to the District Court that the Commonwealth Attorney and the arresting officer did not properly follow what the law required for the plant material test results to be admitted in our client’s trial. The prosecution could not prove a drug possession allegation without evidence of a positive test result in this case. The Judge dismissed the case.
Chesterfield VA Possession of Paraphernalia
Case Result
Sometimes, their prosecution has sufficient evidence to prove a marijuana possession violation. Sometimes our attorneys are still able to resolve the case without a marijuana conviction successfully. The best option may be to plea bargain the case depending on the case and the unique circumstances or needs of the client. This can only be realistically accomplished with the assistance of an accomplished Chesterfield County Possession of Marijuana Lawyer. In this case, we convinced the Court and Commonwealth Attorney to amend our client’s case to what is commonly referred to as a lesser offense – possession of paraphernalia. Do not give up hope. Protect your rights. Let us review your case.
Frequently Asked Questions About Chesterfield Marijuana Charges
What court handles marijuana charges in Chesterfield County?
Many Chesterfield marijuana charges begin in the Chesterfield General District Court. More serious felony marijuana matters or appealed cases may proceed in the Chesterfield Circuit Court depending on the charge and posture of the case.
Is possession of marijuana in Chesterfield always a criminal offense?
No. The current Chesterfield page explains that Virginia law now treats some marijuana possession differently depending on the amount and the age of the person involved. For example, possession by a person age 21 or older of not more than one ounce is treated differently than possession of larger amounts, and possession by a person under 21 may carry a civil penalty and substance abuse program requirement.
Can marijuana charges in Chesterfield still be serious?
Yes. The current Chesterfield page explains that larger quantities can still lead to criminal misdemeanor or felony exposure, and that distribution or possession with intent to distribute marijuana remains a criminal offense under Virginia law.
Can a Chesterfield marijuana case involve more than simple possession?
Yes. The current Chesterfield page discusses related issues that may include home cultivation allegations, use or consumption of marijuana in a vehicle, possession with intent to distribute, distribution, and paraphernalia-related outcomes depending on the facts of the case.
What should I review before my Chesterfield marijuana court date?
It helps to review the summons, warrant, or court notice, the exact allegation, the amount involved if one is alleged, and the facts surrounding the stop, search, or investigation. If the case involves a vehicle, home cultivation, alleged distribution, or testing of plant material, those details may also matter.
Chesterfield County Possession of Marijuana Lawyer Client Review
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11/10/2015 | Updated 4/3/2026