Colonial Heights Marijuana DUI Lawyer
DUIs refer to driving while under the influence. Many people believe that the term only refers to alcohol, but drug based DUI offenses occur just as often and are prosecuted just as severely. If you have been charged with a marijuana DUI offense it is vital that you get in touch with a Colonial Heights marijuana DUI lawyer. A capable drug DUI attorney could work tirelessly towards a positive outcome for you.
Marijuana Laws in Virginia
Marijuana in Virginia is an illicit substance. Possessing marijuana, depending on the amount, can be anything from a simple Class 1 misdemeanor carrying up to 12 months in jail and a fine of $2,500 to a felony offense, an undefined felony carrying up to 40 years in jail. It is also illegal to possess it with the intent to distribute. With marijuana, if someone possesses marijuana with the intent to distribute it, that is going to be a violation of 18.2-248.1.
Depending on how much marijuana someone has, a conviction can carry 40 plus years in jail. Depending on how many times that person is caught with it, there can also be a mandatory time accompanying that as well. It is also illegal to sell it. Selling marijuana illegally is also governed by 18.-248, which covers distribution and similar offenses. For those, a person can receive many years in jail. It is illegal to grow marijuana, including the plant, the seed, the stems, the oil, etc. A person cannot manufacture it. If they are caught doing that, that can also similarly lead up to long jail sentences and very heavy fines. Additionally, it is illegal to drive while under the influence of marijuana. A Colonial Heights marijuana DUI lawyer could devote the time and resources necessary to mitigate the potential penalties someone might face for violating marijuana laws.
Impact of the Decriminalization of Marijuana on Potential DUI Offenses
The decriminalization of marijuana has hurt the people of Virginia, in that, people falsely believe that they are safer than they are. Because marijuana is legal in DC, there are a lot of people who live in DC or smoke in DC and then come down to Virginia or hang out in Virginia. Those associations have lessened the stigma surrounding marijuana, leading people to believe that it is okay to be in possession of marijuana in Virginia.
However, Virginia’s laws have not changed. It is still viewed as a very serious offense and if someone is caught in Virginia driving under the influence, they will go to jail. They do not play around with driving under the influence charges, whether it be marijuana or not, and the belief that someone will be okay because of the way marijuana is handled in areas around Virginia has hurt a lot of people. A false sense of security has developed, and that can be dangerous.
What About Medical Marijuana?
It is also important to note that although marijuana has been legalized medically in incredibly specific cases if someone does not meet those specific requirements, their legal marijuana card from Maryland, DC, Colorado, California does not protect them from marijuana laws in Virginia.
The only way a person is going to be able to even possess marijuana in Virginia is if they have cancer. If they do have cancer and are caught in Virginia using marijuana and driving a motor vehicle, then they will be prosecuted to the fullest extent of the law. As a Colonial Heights marijuana DUI lawyer might explain, the Commonwealth’s attorney might not be able to overlook a marijuana DUI, even if the accused was taking marijuana as a treatment for chronic illness.
Consulting a Colonial Heights Marijuana DUI Attorney
Since DUIs are not cases that are investigated for a long amount of time, it is imperative to hire a Colonial Heights marijuana DUI lawyer the moment someone is out of police custody, whether they are waiting in jail or are free. Do not try to figure the case out on your own because the consequences could be more severe than you realize. It is important to hire a lawyer immediately in order to help determine what is going to be the best defense. A capable attorney could devote the time and resources necessary to achieve a positive outcome for you.
