What is the penalty for first offense possession of marijuana in Virginia?
A. The maximum penalty is thirty days in jail and a fine of no more than $500. As a practical matter, incarceration is rarely imposed. The most onerous aspect of a first offense marijuana conviction for many people is the automatic drivers license suspension which accompanies a marijuana conviction. The Virginia General Assembly has enacted a statute requiring that anyone convicted of a marijuana offense lose their drivers license for six months. The judge does not have the authority to suspend this portion of the sentence. Even if you have an out of state drivers license, your privilege to operate a motor vehicle in Virginia will be suspended for six months, and this suspension will in all likelihood be reported to your home states Department of Motor Vehicles. Many states will automatically suspend your drivers license if your privilege to operate a motor vehicle has been suspended by another state.
