Drug Crimes

Navigating the complexities of drug laws in Virginia can be overwhelming, especially as discussions around decriminalization and changing regulations gain momentum. What’s legal? What’s still illegal? And most importantly, what happens if you find yourself facing a drug crime charge? This month’s blog explores the various drug-related offenses in Virginia, focusing on those that remain illegal, the potential penalties they carry, and the importance of knowing when to seek legal assistance. Whether you’re a concerned Virginia resident or dealing with charges yourself, knowing the legal landscape is essential for protecting your rights and future.

What Are Drug Crimes in Virginia?

Virginia law classifies drug-related offenses into distinct categories, such as possession, trafficking, distribution, and manufacturing. The severity of these charges depends on both the type and quantity of the substance involved.

Under Virginia’s Controlled Substances Act, drugs are grouped into six schedules (Schedule I through VI) based on their medical use and potential for abuse. For example, Schedule I substances like heroin and LSD are considered the most dangerous, while Schedule VI drugs typically consist of regulated prescription medications.

Even with growing leniency surrounding marijuana use, it’s important to note that recreational use outside of specific circumstances is still prohibited. Some of the most common drug-related offenses in Virginia include the following:

• Possession: Being caught with an illegal substance or prescription medication without proper authorization.
• Trafficking/Distribution: The sale, transport, or delivery of controlled substances.
• Drug Manufacturing: Producing illegal substances.
• Possession with Intent to Distribute: Authorities often infer intent to distribute based on the quantity of drugs seized or evidence such as scales or plastic bags.
• Drug Paraphernalia Charges: Items like pipes, syringes, or scales can lead to charges if tied to drug use or distribution.

Under Virginia law, even prescription drugs can lead to charges if possessed without a valid prescription or abused outside of medical conditions.

Penalties for Drug Crimes in Virginia

Virginia imposes strict penalties for most drug crimes, and mandatory minimum sentencing is often enforced for serious convictions such as trafficking or possession with intent to distribute.

Possession of a Controlled Substance:

• Schedule I and II substances (e.g., heroin, cocaine): Class 5 felony punishable by up to 10 years in prison.
• Schedule III substances (e.g., certain anabolic steroids): Class 1 misdemeanor with up to 12 months in jail.

Schedule IV-VI substances result in misdemeanor penalties with varying fines and short-term jail sentences.

Trafficking and Distribution: Severe sentences range from 5 to life imprisonment, often accompanied by hefty fines.

Repeat Offenses and Enhancements: Subsequent convictions or certain amounts of drugs will significantly increase penalties, leading to longer sentences or mandatory minimum imprisonment.

Facing drug charges in Virginia is a serious matter, making it essential to secure skilled legal counsel to safeguard your rights.

Are Drug Laws Changing in Virginia?

With drug decriminalization becoming a national conversation, Virginia has taken small but careful steps toward reform. For instance, the Commonwealth recently decriminalized the possession of up to one ounce of marijuana, replacing criminal penalties with a civil fine of $25. However, while marijuana may seem to have been legalized in part, misunderstandings remain. It’s vital to know the distinction between decriminalization (reduced penalties) and legalization (full removal of penalties). Additionally, the possession of larger quantities or retail sales remains strictly prohibited unless licensed under Virginia’s cannabis laws. Simply put, while there are incremental reforms, drug-related arrests and severe penalties for most offenses are still prevalent under current Virginia law.

Defense Strategies Against Drug Charges in Virginia

Facing a drug crime charge—whether possession or trafficking—can feel intimidating, but your case may not be as hopeless as it seems. Hiring an experienced drug crimes attorney with experience handling cases in Virginia can provide you with solid defense strategies.

Common defense strategies in drug crime cases include:

• Unlawful Search & Seizure: Any evidence found during an illegal search without a proper warrant or probable cause may be inadmissible in your case.
• Ownership & Knowledge Issues: Proving the drugs did not belong to you or you had no knowledge of their presence may serve as a viable defense.
• Crime Lab Analysis: Authorities must prove the substance seized was indeed illegal via proper analysis. Errors in lab testing may result in dropped charges.
• Chain of Custody Errors: If the evidence becomes lost, damaged, or tampered with, your lawyer can challenge its validity in court.
• Entrapment or Coercion: If law enforcement officers enticed you to commit a crime you otherwise wouldn’t have, entrapment may be used as a defense.

An experienced drug crimes lawyer will evaluate the specific facts in your case to develop a strong defense tailored to your circumstances.

When Should You Seek Legal Assistance?

If you’ve been accused of a drug crime in Virginia, the most important decision you can make is to seek legal counsel immediately. Drug charges carry severe consequences, including lasting impacts on your career, relationships, and opportunities. An experienced attorney will not only explain the charges but also protect your rights, uncover weaknesses in the prosecution’s case, and fight for the best possible outcome—whether that means reduced penalties, dismissed charges, or acquittal. The Law Offices of Daniel J. Miller is committed to providing personalized, experienced representation to clients accused of drug offenses. Whether it’s possession, trafficking, or distributing drugs, our team has a proven record of success in defending residents throughout Virginia.

Protect Yourself by Staying Informed

Understanding drug laws and charges in Virginia is the first step in protecting yourself or a loved one. While the legal landscape can be daunting, knowing your rights and accessing professional representation can turn the tide. Whether you’re seeking clarity on decriminalized substances or defending yourself against serious allegations, ensure you are informed and proactive. If drug crime charges have disrupted your life, the legal team at The Law Offices of Daniel J. Miller can help. You can trust our drug crimes attorney to provide sound legal guidance and a robust defense. Your future is too valuable to leave to chance. If you’re facing charges, call us at (757) 267-4949 today to schedule a consultation. You can also contact our firm online right now. 

From a certain point of view, drug possession is an odd crime. It doesn’t accuse someone of selling, manufacturing, or distributing drugs. Instead, it punishes them for simply having it.

A crime like this is particularly hard on a minor. Kids can easily fall into the wrong crowd. An otherwise law-abiding minor can easily be surrounded by others who are up to no good, and they get accused of participating in the same illegal activity.

Here is a broad overview of juvenile drug possession laws in Virginia along with some defenses if your child is accused.

Virginia’s Penalties for Drug Possession by a Minor

It is unlikely for the state to incarcerate a minor over drug possession charges. Typically, they will face fines of up to $500. They may be forced to serve probation, and they will probably perform community service.

If the court believes the minor has an addiction problem, it could order them to attend rehab or take drug education courses.

The good news is this: Juvenile justice is generally focused on rehabilitation. The law wants to keep “troubled” kids from continuing their behavior, and it tries to help them reintegrate into society. To that end, it tries to work with kids to reeducate them. Virginia has even passed laws that keep non-violent minor offenders from being tried as adults.

Defenses Against Juvenile Drug Possession

Even the penalties above can affect a child. It can slow down their schooling, and it can harm their reputations. Once a child is branded as a “bad kid,” they can accept that label and continue along a destructive path.

Regardless of whether the penalties are mild or severe, your child deserves a defense against any criminal allegation. Even as children, they have this right as Americans. They have a right to an attorney, too.

Here are some defenses you can discuss with your lawyer.

Lack of Knowledge

Kids constantly borrow things from one another, from a jacket to a car. It’s easy for a minor to have someone else’s property, and within that property, there is a controlled substance. This situation applies even if that item in question is another child’s legal, prescription drug. If your child was unaware that they were even carrying drugs, they should not be punished.

Lack of Possession

A minor doesn’t necessarily own a drug just because they are near a drug. Imagine the police break up a party, and there are illicit drugs in the middle of the room. They could essentially accuse anyone of possession, even if that kid just walked in the door. Your child should not be accused of owning something that didn’t belong to them in the first place.

Duress

Kids who regularly break the law aren’t much different from adults who do the same. They often use innocent people to carry out their wishes. If your child was bullied into carrying drugs, you can explain to the court that they were operating under duress.

Improper Police Procedure

It’s easy for the police to bully and intimidate people, especially children. Make sure your child tells your attorney every detail of their interactions with the authorities. If your lawyer finds evidence of intimidation, improper searching, forced confessions, entrapment, and so on, the case could be thrown out in court.

The Law Offices of Daniel J. Miller cares about helping kids stay out of the justice system. If your child has been accused of a crime, reach out to us today for help. You can call us at (757) 267-4949 or contact us online.

In Virginia, some laws prohibit the abuse of illegal drugs, including prescription drugs. Moreover, individuals under the influence of legal substances such as alcohol, or marijuana, may be violating the law if they are engaging in certain activities such as driving a motor vehicle.

As part of the investigation, suspects are subject to drug and alcohol tests to determine the presence of alcohol or drugs, identify the type of substance, and detect the amount of substance in the person’s system.

Generally, three types of tests can be conducted to detect the presence of alcohol or drug and determine the level of alcohol or class of drugs in a person’s system.

Hair Follicle Drug and Alcohol Tests

A hair follicle test detects drug use by locating the presence of metabolite from the suspect’s hair sample. A metabolite is a substance that a person’s body creates when it breaks down the drug consumed. This metabolite remains in a person’s hair as it grows, thus can detect the length and pattern of drug use for up to 3 months. Generally, this type of test can detect the presence of drugs around 7-10 days from the consumption of the substance.

A hair follicle test can also detect the presence and history of alcohol use by examining the Etg (Ethyl Glucuronide) and FAEE (Fatty Acid Ethyl Esters) marks on the hair sample. Generally, this test can trace alcohol consumption for about 3-6 months. However, it should be noted that perms, dyes, gels, sprays, and straightening products on the hair sample may affect the results of this test.

Since this type of test can show the pattern of use, it can help screen for long-term abuse of prescription drugs, alcohol, or illegal drugs.

Fingernail and Toenail Drug and Alcohol Tests

A nail test could detect the presence and history of drug and alcohol use by examining the fingernails or toenails samples collected from the suspect. Typically, these tests detect alcohol and drugs as early as 1-2 weeks after the consumption date. Substances can also be seen for up to 3-6 months for fingernails and up to 6-12 months for toenails.

However, several factors, such as aging and health conditions, may affect the results of a fingernail drug and alcohol test.

Unlike a hair follicle test, a fingernail drug and alcohol test cannot detect patterns of substance abuse. Nonetheless, this test helps screen for long-term substance use, given its long detection window.

Drug and Alcohol Urine Tests

A urine test is a good tool for detecting the presence and level of drug or alcohol in a suspect’s body in a non-invasive and quick way.

Typically, alcohol can be detected within less than an hour after consumption, reaching its maximum concentration within 5.5 hours. Generally, alcohol is detected in a suspect’s urine for up to 5 days. However, this time window dramatically depends on how much alcohol has been consumed.

Although urine tests can immediately detect the presence of drugs, the detection window may dramatically depend on the type of drugs the suspect consumes. Generally, amphetamines stay detectable between 1-3 days from the time of consumption, while urine tests can still trace barbiturates for up to 2-4 days after ingestion. Whereas benzodiazepines can show up on the test for up to 3-6 weeks, and cannabis can appear in a test between 7-30 days after use.

Unlike the other types of tests discussed above, a urine test is best used for detecting the presence, amount, and class of drugs currently in the suspect’s system, as it can provide instant results.

On Wednesday, April 7th, 2021, Virginia's Legislature passed a bill legalizing the use and possession of recreational marijuana in small amounts. The legislation, which makes Virginia the 16th state to legalize the use of marijuana in controlled amounts, was widely celebrated by legalization advocates.

However, the bill isn't a free license for Virginians to use marijuana in any capacity. Depending on the circumstances, marijuana users could still face legal penalties. Today, we're exploring the ins and outs of how legalization will impact the state once it kicks into effect on July 1st.

If you're facing drug crimes charges, our attorneys can help defend your rights in court. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949.

What's Legal Under the New Legislation?

Under the new legislation, individuals over the age of 21 can have an ounce or less of marijuana in their possession while in Virginia.

However, selling or buying marijuana in the state will be difficult. Currently, the state government plans to establish an agency called the Virginia Cannabis Control Authority (VCCA). The VCCA aims to oversee the construction of a commercial marijuana market in Virginia, but it could take years before state residents have consistent access to recreational marijuana. The state will start taking applications for retail licenses on July 1st, 2023, meaning sales probably won't go into effect until early 2024.

However, each Virginia household can now cultivate up to four marijuana plants as long as they're inaccessible to children. While there are no regulations for selling marijuana legally, adults can gift another adult up to an ounce of marijuana.

Additionally, driving with marijuana in the car is still illegal, even if the driver only owns an ounce or less of the substance.

In essence, Virginians can now grow and partake in marijuana in the safety of their homes in a limited capacity. However, the state is still years away from establishing a viable commercial market for the substance, and individuals found transporting marijuana in their vehicles may still face criminal charges.

What Happens if I Own More than an Ounce?

Individuals found in possession of between an ounce and a pound of marijuana could face civil charges and a fine of up to $25.

Individuals who own more than a pound of marijuana may face felony charges, resulting in a prison sentence of up to 10 years and a fine of up to $250,000.

Additionally, individuals found possessing marijuana on public school grounds could face class 2 misdemeanor charges, resulting in up to six months in jail and a fine of up to $1,000.

What About Individuals Serving Sentences for Marijuana Charges?

Currently, individuals convicted of marijuana-related drug crimes cannot have their records expunged.

However, the state will begin removing arrests, charges, and convictions for possessing or selling marijuana from public view, giving more privacy to individuals facing such charges. By July 1st, 2025, the state has mandated that all such marijuana-related charges must be removed from public view.

Depending on the circumstances of the case, it may also be possible for individuals with felony drug crime convictions related to marijuana to have that evidence removed from public view.

Next year, when the Virginia General Assembly meets, legislators will continue discussing whether individuals convicted of marijuana possession, selling, or buying prior to its legalization can pursue expungement for those charges, removing them from their record.

What Are Opinions on the Legalization?

While numerous legalization advocates are happy to see recreational marijuana legalized in some capacity, many argue that it doesn't go far enough to actually protect the use of recreational marijuana in Virginia. Legalization advocates also argue that the state is dragging its feet in allowing citizens convicted of marijuana-related crimes to pursue expungement.

Additionally, economic proponents of legalization have taken issue with the timeline for a commercial marijuana industry in Virginia, arguing that the sooner a market is established, the sooner the state can begin reaping profits from it.

Conversely, individuals opposed to legalization on various grounds are unhappy with the loosening of marijuana-related drug laws, and are likely to push back against expungement for individuals convicted of marijuana-related crimes and the expansion of a commercial marijuana market when the General Assembly convenes to discuss such matters next year.

At the Law Offices of Daniel J. Miller, we represent Virginians during drug crimes cases. To receive the legal counsel you deserve for your case, contact us online or via phone at (757) 267-4949.

Recently, a physician in northern Virginia received a 7-year jail sentence for running what prosecutors referred to as a "pill mill," illegally prescribing at least $1.2 million worth of drugs to clients.

The case is yet another example of the ongoing opioid crisis so many states across the US have battled for years. Today, we're exploring opioid use in Virginia and how the Virginia government has reacted to the ongoing issue of overly or illegally prescribed pain medication in our state.

At The Law Offices of Daniel J. Miller, we handle drug crimes and personal injury cases for clients. We'll work with you to find the best path forward in your case.

To schedule a consultation with our team or learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

What's the Story Behind Opioids in the US?

Awareness among the public of an opioid crisis sweeping the US first began to grow around 2014 or 2015. By 2016, the widespread abuse of prescription pain killers—primarily prescription opioids, such as oxycodone, codeine, and hydrocodone—was a talking point across the nation.

Then-President-Elect Donald Trump made combatting the opioid crisis a key issue of his early administration, pointing towards the abuse of prescription opioids as a potential reason to repeal the Affordable Care Act instituted by former President Barack Obama.

In 2017, under President Trump, the US Department of Health and Human Services (HHS) officially declared the opioid crisis a public health emergency.

In 2018 alone, 10.3 million Americans misused prescription opioids, 47,600 people died from overdosing on them, and 2 million Americans had an opioid use disorder (more commonly known as an addiction to opioids).

Those statistics were considered more than enough justification for the public health emergency order. It also coincided with the rise of fentanyl, an opioid commonly used to treat individuals with painful and terminal illnesses, as a cutting agent in other drugs, such as heroin. Fentanyl is incredibly dangerous even in small doses, and its appearance in illegal substances as a cutting agent dramatically increased overdose-related deaths across the US.

How Is Virginia Combatting the Opioid Crisis?

Cities across Virginia, such as Alexandria, responded to the opioid crisis by aggressively expanding treatment programs for opioid addiction and treatment. Encouraging opioid users to seek help at official treatment facilities enabled states across the US to tamp down on the opioid crisis and meaningfully expand treatment programs.

It appears to be working. In 2018, drug overdose deaths involving opioids in West Virginia fell from 833 in 2017 to 702 in 2018. Additionally, the number of deaths involving prescription opioids fell from 14,996 to 14,975.

However, the opioid crisis in Virginia and West Virginia is far from over. Deaths involving synthetic opioids, including fentanyl, rose—more than 24,800 individuals overdosed on fentanyl or similar drugs in 2018. Almost 70% of overdose deaths in West Virginia involved opioids.

In Virginia, the abuse or selling of Schedule II substances, such as prescription opioids and illegal substances, including methamphetamine, is penalized by a prison sentence of up to 10 years and a fine of up to $2,500.

At The Law Offices of Daniel J. Miller, we'll work with you to pursue an optimal outcome in your drug crimes case.

To schedule a consultation with our team or learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

In recent US elections, drug laws have featured prominently as a key point of contention between both presidential and down-ballot candidates. The 2020 US election was no different, and many states passed sweeping changes to drug laws that will change the landscape of criminal law moving forward.

Today, we're exploring which states changed their drug laws and how the impact of those changes could spread to other states (like Virginia) in the future.

At The Law Offices of Daniel J. Miller, we help clients represent their best interests in criminal and family law cases, including drug crimes disputes. To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

What Happened to Drug Laws Across the US During the 2020 Election?

After the 2020 election results finally rolled in, newspapers across the country like the New York Times debuted headlines such as This Election, a Divided American Stands United on One Topic: All kinds of Americans have turned their back on the destructive war on drugs.

As that should indicate, drug laws across the country saw a sweeping move towards liberalization and decriminalization.

In New Jersey, South Dakota, Montana, and Arizona, voters legalized marijuana, bringing the total number of states that have voted to legalize the drug to 35. Marijuana is still only fully illegal in Kansas, Wyoming, Idaho, Tennessee, Alabama, and South Carolina. However, only 14 states have fully legalized it. Many states, Virginia included, have legalized certain products such as CBD oil for medical uses and have decriminalized marijuana, but still have restrictions on its usage.

Additionally, constituents in Washington, D.C., voted to decriminalize psilocybin. Psilocybin is the key compound in psychedelic mushrooms, and its decriminalization is something advocates of various psychedelic-related treatments, including micro-dosing therapy, have pushed for across the US for years.

Finally, in the biggest win for legalization advocates, voters in Oregan moved to decriminalize small amounts of illegal drugs, including heroin, cocaine, and methamphetamines (although selling those drugs is still prohibited within the state). Constituents also approved an initiative to create a licensing program for psilocybin providers.

What Happens Next?

The impact of decriminalizing and legalizing drugs, including "harder" drugs like heroin and methamphetamines, has yet to be seen in the US. However, the precedent for sweeping decriminalization exists. The decriminalization of marijuana has been linked to less crime, and other countries have seen positive results from legalizing more powerful drugs.

Legalizing drugs across the US indicates a shift away from the criminalization of drugs and drug-users and a shift towards rehabilitation. That could help individuals accused of drug crimes get their lives back on track more easily after receiving a conviction or being involved in a drug case.

It could also make it easier for individuals already convicted of drug crimes to request a reduction in their sentences or regain certain rights typically not afforded to felons.

Last but not least, decriminalization is seen as an effective measure of generating economic prosperity for many states. Legalizing drugs and licensing providers allows states to tax drug providers and consumers, which could provide a significant amount of revenue for states that do engage in legalization.

At The Law Offices of Daniel J. Miller, we work with clients involved in drug crimes cases and help them find the best path forward in their case.

To schedule a consultation with our team and learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

The process couldn’t be simpler or more convenient: with just a few clicks of a mouse, a customer can order prescription drugs from an online pharmacy without ever setting foot in a doctor’s office. Sometimes, no prescriptions are needed, and no questions are asked. But the package shipped to the customer’s doorstep may not meet their expectations; in fact, it could be a one-way ticket to the emergency room.

Many illegal, or “rogue,” pharmacy websites commonly sell counterfeit and/or incorrectly prepared prescription medications and controlled substances. According to the National Association of Boards of Pharmacy (NABP), approximately 96% of online pharmacies are noncompliant with federal laws and fail to meet the NABP’s safety and practice standards.

INTERPOL has been working with the federal government to organize operations targeting these illegal pharmacies, particularly because these websites sell drugs that have not been approved by the FDA. George Karavetsos, director of the FDA’s Office of Criminal Investigations, has previously stated, “Preventing illegal Internet sales of dangerous unapproved drugs is critical to protecting consumers’ health.” Back in 2017, Operation Pangea X resulted in 400 arrests, the end of 3,584 websites, and the seizure of more than $51 million worth of dangerous medicines. 

The Penalties

There are various criminal charges associated with operating an illegal pharmacy website. For example, in January 2017, a former police officer, Juan Gallinal, was arrested for being the leader of an online pharmacy that illegally sold narcotic pills and prescription drugs. Gallinal and his coconspirators used physicians’ names and DEA numbers to illegally procure these drugs. He also charged customers nearly 10 times the actual price! Gallinal was charged with: conspiracy to distribute controlled substances by means of the Internet; conspiracy to commit money laundering; conspiracy to introduce misbranded prescription drugs; and destruction, alternation, and concealment of records. Gallinal was ultimately sentenced to 8 years in prison.

If you’ve been arrested for conspiracy to distribute controlled substances, you need to hire an experienced attorney immediately. Otherwise, you could face the following penalties:

• Mandatory prison sentence
• Exorbitant fines
• Denial of federal benefits
• Forfeiture of personal property and real estate related to the crime

Arrested for a Drug Crime? Schedule a Consultation

If you’ve been charged with a drug crime, contact The Law Offices of Daniel J. Miller. Our firm has been able to secure countless charge reductions, acquittals, and dismissals for clients facing life-altering convictions. By thoroughly investigating your case, we can examine your defense options and develop an effective legal strategy that safeguards your freedom.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

November is usually associated with autumn colors, a gentle fall chill, and a festive Thanksgiving dinner. However, state law enforcement agencies are rewriting this narrative by organizing and executing massive drugs busts across the state of Virginia. At present, over 100 state residents have been arrested for crimes relating to drug possession and drug trafficking.

“Operation Appalachian Action”

On November 8, 2018, Wise County’s Sheriff Department collaborated with the Southwest Virginia Regional Drug Task Force to arrest 30 people who are facing charges for 40 drug-related crimes. According to Wise County Commonwealth Attorney Chuck Slemp, “Operation Appalachian Action” was a 15-month endeavor that culminated to “provide hope for citizens of Appalachia and Big Stone Gap, ensure justice for drug offenders, and fight for the safety of this wonderful community by taking dangerous illegal drugs off the street.” Over half the charges filed involve the distribution of Schedule I and Schedule II drugs, including methamphetamine, addictive prescription drugs, and synthetic drugs. Other serious charges involve the distribution of drugs near school, properties.

Operation Thunderstruck

On November 13, 2018, the Norfolk Police Department announced that they completed a 3-month long narcotics investigation called “Operation Thunderstruck.” Throughout the investigation, police issued 159 warrants against drug traffickers and charged 59 people for distributing illegal drugs in Virginia. Chief Larry Boone claimed, “This operation should serve notice that the trafficking of illegal narcotics will not be tolerated in the City of Norfolk. The Norfolk Police Department will continue to run these types of operations and those who deal narcotics on the streets of our city will be targeted and arrested.” At present, 15 suspects are still being pursued by the police.

Operation Valley Fog II

On November 14, 2018, police in Waynesboro began the process of arresting 51 people for drug charges and other associated crimes. According to the Waynesboro Police Department, the purpose of “Operation Valley Fog II” is to disrupt the sale and distribution of methamphetamine and various opiates. By November 15, 2018, the operation ended with 25 of the 51 suspects in custody. However, police are still on the trail for the remaining suspects and are executing warrants as necessary.  

Retain Experienced Representation & Protect Your Legal Rights

Contact the attorney at The Law Offices of Daniel J. Miller if you require experienced and effective criminal defense representation. A drug crimes conviction can alter the course of your life and leave you with a devastating criminal record that can impact every job interview, housing opportunity, and educational prospect you wish to pursue. If you’ve been charged with drug manufacturing, possession, trafficking, or distribution, it’s essential that you take immediate legal action to protect your future.

Call The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a free consultation.

In recent years, public opinion has swayed in a positive direction when it comes to medical and recreational marijuana use. In fact, a poll released by the Wason Center for Public Policy at Christopher Newport University recently revealed that 76% of Virginians actively support the decriminalization of “possession of small amounts of marijuana.” Unfortunately, arrests for recreational marijuana possession have reportedly increased by 30% in the last year.

To reflect this burgeoning social and cultural change, Virginia lawmakers have been trying to enact new policies and are even preparing to open the state’s first cannabis oil dispensaries. However, as usual, progress is ultimately slow-coming. While Virginia law now makes allowances for prescribed medical conditions, recreational use and processing is still considered a criminal act. Being charged and convicted of marijuana possession can lead to expensive fines, jail time, and a life-changing mark on an offender’s criminal record.

Even so, progress is inevitable and can’t be halted. Back in February, the Senate passed Senate Bill 954 in a 38-2 vote. This legislative measure would have reduced the penalties associated with first-time marijuana possession charges and even provided offenders with new expungement opportunities. Interestingly, this bill passed not long after the same Senate Republicans killed Senate Bill 111, a decriminalization bill, back in January. In a bold yet controversial move, Senator Adam Ebbin (D-Alexandria), chose to oppose Senate Bill 954 because it isn’t a decriminalization bill and wouldn’t prevent the racially disparate enforcement of marijuana laws.

Unfortunately, Senate Bill 954 was defeated by the Virginia General Assembly because it, “simply codifies the existing first time offender’s program, and creates three additional bureaucratic requirements—a marijuana offender registry, an opioid fund and fee, and an expungement method and fee—while eliminating jail time only for first offenses. The increased financial obligations are out of reach for the majority of defendants, and passage of such legislation would stall the advance of decriminalization and expungement for the foreseeable future.”

While this outcome is a disappointment, it does represent a positive step forward if lawmakers can draft a new bill that takes these criticisms into account. The Virginia General Assembly specifically states that they are against Senate Bill 954 because it may prevent better “decriminalization and expungement” opportunities from being executed in the future. Now, the difficult part for lawmakers is drafting a bill that appeases both Senate Republicans and Democrats as well as the Virginia General Assembly.

Back in 2016, Senator Tommy Norment (R-James City), the mastermind behind Senate Bill 954, disappointed many Virginians when he claimed to be open to marijuana decriminalization, but anticlimactically voted against eliminating the criminal misdemeanor charge and making possession a civil offense (Senate Bill 111). The reason he changed his mind is because he feared that a decriminalization bill wouldn’t be accepted by the Virginia General Assembly. Instead, he began working on the less extreme Senate Bill 954. Senator Norment now admits that Senate Bill 954 may not have been the long-desired decriminalization bill, but that it’s still a successful attempt at change, or “a big step forward.”

As of September 25, 2018, Virginia regulators have finally given 5 companies approval to open the state’s first medical cannabis dispensaries. Within the next year, these 5 companies will sell only non-psychoactive CBD and THC-A oils registered to patients with a doctor’s prescription. However, these companies still need to undergo obligatory background checks before receiving their official license awards.

Granted, this new development mostly benefits patients suffering from seizure disorders and other medical conditions. However, historically, other states have followed this same path and have inevitably passed legislation that decriminalizes degrees of recreational marijuana use. Each new bill proposed by a lawmaker is a new attempt at change. Eventually, laws will be passed by the Virginia General Assembly that provide new opportunities for residents burdened with past and present marijuana convictions.

Seek Legal Representation

Being charged and convicted of a drug crime in Virginia can have a lasting and detrimental impact on your quality of life.  If you require legal representation, contact The Law Offices of Daniel J. Miller. Our offices are conveniently located in Newport News, Chesapeake, Norfolk, and, of course, Virginia Beach.

Call The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a case evaluation.