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Possession of Marijuana is illegal in Virginia pursuant to VA Code
18.2-250.1. Under the statute, possession must be proven to have
been “knowing” or “intentional.” This requirement is one of the
first aspects of your case that we will directly address at Ervin
Kibria. These possession requirements mean that the government
must prove that you either knew about the marijuana or that you
intended to have marijuana in your possession, and that it wasn’t
unintentional. Sometimes, this can be significant burden for the
prosecution. The prosecution must prove beyond a reasonable
doubt that the defendant was (1) aware of the presence and (2)
character of the drug, and (3) that the defendant possessed it. This
issue of “possession” is critical – mere presence near or in the
proximity of marijuana is not enough to establish a person’s
possession of the drug.
Fairfax Marijuana Lawyer