Legal Question in Criminal Law in Virginia

My son is being charged with distribution

My son is going to court on Tuesday the 18 of Nov 2008. He was never caught with Pot and is now looking at charges because of a informent. Does one have to be caught with Pot in order to be charged with distributionl He did purchase it for another person her grew up with and we are thinking it was her. He did this for her on three occassions and the narc cop is charging him with three counts of distribution. How can VA do this. We live in Fairfac Co. My son never sold pot just boutht it from someone for another person.


Asked on 11/15/08, 8:09 pm

2 Answers from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: My son is being charged with distribution

Possession of marijuana does not equal distribution. Any time of sale or exhange of marijuana or controlled substances equals distribution. There may be option of getting charge reduced to distribution as accomodation, which carries a lesser penalty.

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Answered on 11/15/08, 9:26 pm
Michael Robinson Robinson Law, PLLC

Re: My son is being charged with distribution

The charges of possession of marijuana and distribution of marijuana are separate and independant. Sometimes they overlap, and you will see that as possession with the intent to distribute (PWID). However, to answer your question, if he sold to a police informant and, at the time of arrest, your son did not possess any marijuana he can still be charged for the "earlier" distribution. This is of course assuming they did not arrest him right on the spot, which often times they do not. Typically, they test the substance to make sure that is in fact marijuana before making the arrest.

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Answered on 11/15/08, 8:33 pm


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