Ned Michie
​Attorney at law

Charged with

​Drug Possession?

Free Consultation and Reasonable Rates
​
​Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

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I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Drug Possession

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Whether You Decide to Hire an Attorney
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20 COMMON ISSUES and DECISIONS 
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Possession

In the case Walton v. Commonwealth, 255 Va. 422, 426, 497 S.E.2d 869, ___ (1998), the Virginia Supreme Court described some of the key points involved in determining what constitutes possession of drugs:

     "In order to convict a person of illegal possession of an illicit drug, the Commonwealth must prove beyond a reasonable doubt that the accused was aware of the presence and character of the drug and that the accused consciously possessed it. Andrews v. Commonwealth, 216 Va. 179, 182, 217 S.E.2d 812, 814 (1975). An accused's mere proximity to an illicit drug, however, is not sufficient to prove possession. Drew v. Commonwealth, 230 Va. 471, 473, 338 S.E.2d 844, 845 (1986). In addition, ownership or occupancy of the premises where the drug is found does not create a presumption of possession. Code § 18.2-250.1(A); Garland v. Commonwealth, 225 Va. 182, 184, 300 S.E.2d 783, 784 (1983). Nonetheless, these factors may be considered in deciding whether an accused possessed the drug. Lane v. Commonwealth, 223 Va. 713, 716, 292 S.E.2d 358, 360 (1982).

        Additionally, proof of actual possession is not required; proof of constructive possession will suffice. Constructive possession may be established when there are '‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.’ ' Drew, 230 Va. at 473, 338 S.E.2d at 845 (quoting Powers v. Commonwealth, 227 Va. 474, 476, 316 S.E.2d 739, 740 (1984))."

Marijuana Possession

Despite recent trends toward legalization and decriminalization of marijuana, possession of it is still unlawful in Virginia for now. See Va. Code ​§ 18.2-250.1. In 2020 the Legislature did, however, turn simple possession from a criminal misdemeanor into simply a civil offense with the punishment just being a fine of $25 maximum. Moreover, in 2021 the legislature has passed laws toward full legalization and regulation of Marijuana sales.

Felony Drug Possession

Some courts, such as Charlottesville and Albemarle, have set up "Drug Courts" to try to turn people's lives around through drug counseling, drug testing, and often daily check-ins with a probation officer. In exchange for successfully completing the challenging and lengthy program, the defendant can potentially get the felony charges dismissed or reduced.

Other courts don't have a formal drug court but do offer first-time felony offenders a chance to do counseling and testing in exchange for reduction or dismissal of the charge.

Getting the benefit of these programs is generally at the prosecutor's discretion, and the programs are generally reserved for possession cases against users who have substance abuse problems or small time-dealers who personally have abuse problems. Such lenient outcomes are not likely to be an option for significant dealers or those with "bad" records.