Losing Marijuana Defense – I Only Had a Little Bit

published by Andrew Flusche on May 6, 2013

pennies shaped like marijuana

For a charge of Virginia possession of marijuana, the Commonwealth doesn’t have to prove a specific amount of marijuana in your possession; they just have to prove that you had some marijuana. That’s why the defense of claiming that there was only a little bit is not enough to get you out of the charge.

I talk to a lot of people who tell me it was less than a gram, it was only a bud, or they only had a little bit. Unfortunately, I have to tell everyone the same thing: just having a little bit of marijuana doesn’t get you out of the case. Really all the Commonwealth has to prove is that you had some amount of marijuana in your possession. There’s lots of other defenses that we’ve talked about but this one, unfortunately, is not going to get us anywhere.

Now, the amount could come into play if you’re facing a bigger charge like possession with intent to distribute. With that kind of charge, the amount could come into play. If you only had a little bit of marijuana, it’s unlikely that you’re trying to distribute it. However, for a simple charge of basic possession of marijuana, the amount simply doesn’t matter.

Photo by: Thomas Hawk

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