I was charged with a misdemeanor with intent to distribute THC in VA. No scales were found. At the time of my arrest I had a VA license but I’ve resided in D.C for about a year now and will receive my D.C license a month and half prior to my arraignment date. I read that out of state offenders cannot drive in VA for 6 months if they do decide to suspend my license. Not sure if this helps or not, but I’m also a medical patient in DC.
For your case in Virginia, You will need to retain a VA criminal defense attorney to deal with this and present your medical permit for THC use. If you have a recommendation or prescription from healthcare professionals, you should produce that to your lawyer.
Please note that my above answer is general advice only and no attorney-client privilege attaches. It is a simple free "internet answer." For hiring my law firm for law suits, please contact at the office number. Good luck.
The title of your posting addresses possession of THC and license suspension. The first sentence of your inquiry says you are charged with "misdemeanor with intent to distribute THC in VA." I will assume you mean that you are charged with possession with intent to distribute not more then one half an ounce of marijuana. A conviction for such a criminal charge will require the court to suspend any Virginia license and Virginia driving privileges for six months, with the option of the court to grant or deny restricted driving privileges during that time.
The prior lawyer's response about "medical permit for THC use", and "recommendation or prescription" does not change the fact that Virginia's current medical marijuana law is limited to CBD or THC-A oil possessed pursuant to a "valid written certification issued by a practitioner in the course of his professional practice." However, your inquiry does not mention THC-A oil.
While your inquiry seems to indicate that you have a D.C.-issued medical marijuana card, that does not preclude a Virginia marijuana conviction. Nonetheless, medical marijuana use could be used as an argument against a claim that the marijuana is intended for distribution, rather than for personal use.
All the best to you. Jon Katz
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer. The disclaimer page on my website linked above applies to all my answers on AVVO.com .
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