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Don’t Let a Little ‘Pot’ Hole Ruin Your Life: A Not-So-Serious Guide to Drug Possession Charges in Virginia

  • Writer: Susan Fremit
    Susan Fremit
  • 11 hours ago
  • 3 min read

Let’s be blunt—drug possession charge in Virginia is no joke. But here at the Law Firm of Susan F Fremit, we like to sprinkle a little humor over the harsh realities of drug convictions. So roll with us as we break down what happens when you’re caught in a sticky legal situation—whether you’re simply holding, sharing, or unintentionally starring in your own episode of Breaking Bad: Spotsylvania Edition.


Hands gently cradling a marijuana leaf

Possession: You Had ONE Job

Virginia Code § 18.2-250


Simple possession is when you’re found with a controlled substance and there’s no evidence you were sharing or selling. It’s the legal equivalent of being caught with your hand in the cookie jar—except the cookie is a Schedule I or II drug, and the jar is your glove compartment.


Possession of Schedule I or II substances (like heroin, cocaine, or meth) is a Class 5 felony. That’s up to 10 years in prison, not counting fines or mandatory court appearances that feel longer than a Dave Matthews jam session.


But don’t panic—Susan F. Fremit is the joint effort you need. She’ll sniff out constitutional violations, challenge sketchy searches, and roll up a defense that’s airtight. (Yep, we’re still doing the puns.)


Distribution: Sharing Is Not Always Caring

Virginia Code § 18.2-248


Handing off drugs—even just once—is considered possession with intent to distribute. And if the police find a digital scale, a wad of cash, or more baggies than a lunchroom mom, you might be facing felony distribution charges.


Possession with intent to distribute Schedule I or II drugs is a felony punishable by 5 to 40 years for a first offense. (Yes, 40 years. That’s almost as long as it takes to find parking at the DMV.)


Susan knows how to cross-examine like a boss, challenge weak probable cause, and expose when the “evidence” is more circumstantial than a soap opera plotline.


Accommodation: The Friend Zone of Drug Charges

Virginia Code § 18.2-248(D)


Here’s the legal Hail Mary you didn’t know you needed: accommodation. This defense says, “Hey, I wasn’t selling drugs—I was just being a good friend.” Basically, you didn’t profit, you didn’t charge, and you didn’t get anything in return—not even gas money or a cold slice of pizza.


If your lawyer can show this was an act of generosity (albeit a questionable one), your felony distribution charge could be reduced to simple possession. Susan knows how to prove you're guilty only of bad judgment and not actual criminal enterprise.


Accommodation: the only time Virginia law gives partial credit for being too helpful.


Marijuana: High Stakes, Low Tolerance

Virginia Code § 4.1-1100 et seq.


Let’s not forget Virginia’s evolving marijuana laws. While simple possession of up to one ounce is no longer criminal, it’s still illegal to sell, distribute, or possess large amounts without a license. And the Commonwealth still frowns on anyone turning their Subaru into a mobile dispensary.


Possession of more than 4 ounces of cannabis in public can lead to misdemeanor or felony charges, depending on the amount and whether it’s your first rodeo.


Translation: even though weed is sort of legal, don’t treat your trunk like a Cheech & Chong starter kit. And if things go up in smoke—call Susan.


Why You Need a Dope Attorney (Yeah, We Said It)


Drug charges can wreck your life faster than you can say “court-appointed.” A conviction may mean jail time, license suspension, a criminal record, and weekly check-ins with someone who calls “urine analysis” their idea of a party.


Susan F. Fremit has defended clients across Virginia with brains, bite, and zero tolerance for lazy prosecutions. She digs deep into every case like it's a Netflix true crime doc—minus the dramatic voiceovers (unless you ask nicely).


Bottom Line: Don’t Panic. Better Call Susan.


Whether you’ve been charged with possession, distribution, accommodation, or just being in the wrong place with the wrong baggie, don’t face it alone. Call Susan F. Fremit for a free consultation—because your future is nothing to hash over.


Legal problems? We don’t weed around. We go straight to the root.


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The Law Firm of Susan F. Fremit, P.C. serves clients in and around King George and Spotsylvania, Virginia.  

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