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LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 34884
Experience:  30 years legal experience
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my cousin has gotten charged with a half a pound of marijuana

Customer Question

my cousin has gotten charged with a half a pound of marijuana and a scale. this is his second offense. his first was a scale and a small amount of marijuana. they set him up, somebody had a few years over theyre head so they told on him to get off the hook, they got him on wired tape recorder, phone conversations, and they had a search warrant and found $5,000 in cash and a half a pound of marijuana, what is he lookin at and what is his best options??
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.

Good morning,


What state will he be prosecuted in? Sid state cops catch him or did the federal government?



Customer: replied 7 years ago.
the state was virginia, and it was cops that caught him
Expert:  LawTalk replied 7 years ago.
Good afternoon,

In Virginia, 1/2 pound is the dividing line between a felony and a misdemeanor. Was the amount in his possession more or less than 1/2 pound?

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Customer: replied 7 years ago.
just over he got charged with a felony
Expert:  LawTalk replied 7 years ago.
Good afternoon,

I'm sorry to hear that he got hit with a felony.

Here are the penalties for possession with intent to sell in VA:

Virginia Intent to Distribute Marijuana Penalties




Less than 1/2 oz


Up to 12 Months in Jail

Half an oz up to 5lbs


Up to 10 years in prison

More than 5lbs


Up to 30 years in prison

The absolute best advise I can give is that he needs a good criminal defense attorney who routinely handles drug cases. It is possible that your brother could help the cops too and in return plea down to a misdemeanor. However, as this is his second offense and the first one included possession of scales as well--which is then chargeable as possession with intent to sell, he will likely do at least a year in jail--even with a pela deal. Without a plea deal he can expect to do 2 to 5 if convicted.

I wish you well.


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