Sheila Moheb
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Moheb Legal Defense, PLLC

Protecting your Constitutional rights and civil liberties with effective and diligent legal representation.

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Free Consultation
Moheb Legal Defense, PLLC
Protecting your Constitutional rights and civil liberties
with effective and diligent legal representation.
~|search~|font-awesome~|solid
~|icon_pin~|elegant-themes~|solid
Free Consultation

COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is tele-commuting, but is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us through telephone, email and video-conferencing. Please call or email us to discuss your options.

Facing charges of marijuana? You have a right to a defense

The possession of marijuana is unlawful in Virginia unless it is obtained with a valid prescription. As someone with an injury but no medical marijuana card, it’s important that you go through the proper channels to obtain the drug. If you don’t, you could face drug charges even though you’re using the drug in the same way as other patients.

The good thing about Virginia law is that there is a presumption that if marijuana is discovered in a home or vehicle, it’s not necessarily the accused’s. That gives you, if it is your home or vehicle, time to defend yourself. If you are found guilty, you’ll face a misdemeanor charge and may go to jail for up to 30 days. You can even be fined up to $500.

In the case that you do have a prescription for cannabidiol oil or THC-A oil and are arrested for possession, it is an affirmative defense to produce the written certification from your practitioner. Presently, Virginian law recognizes the use of marijuana for the treatment of injuries and illnesses including epilepsy specifically. Minors or their parents can use a prescription in their defense, since the parents may have to be in possession of the minors’ drugs to transport them.

If you’re facing charges for having cannabidiol oil in your possession or for using marijuana without a prescription, your attorney can help you develop a defense. With the right support, it’s possible to defend yourself, so you can have the best chance of walking away without penalties. Our website has more information about using marijuana in Virginia.

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