Marijuana prohibition in Virginia comes in two forms, possession and distribution. Possession of marijuana is always a misdemeanor, and distribution of marijuana is a misdemeanor for less than a half ounce and a felony for more than a half ounce. Possession has no such division, so theoretically a person could be found guilty of possession of marijuana for possession of several pounds or more. However, if someone possesses more than a half ounce or so, depending on how it is packaged, they are probably going to be charged with distribution.
A good place to start this discussion is about possession, as it is fundamental to anything else that can lead to a conviction. A person must first possess marijuana before they can be found guilty of distribution of it.
Possession of Marijuana in Virginia requires that the judge or jury find that the person knew that the plant material (as cops like to call it nowadays) was actually marijuana. This is the knowledge requirement. Now you might ask how can the judge think that a person knows that a substance is marijuana or cannabis, when the state has to send it to a lab to figure out what it is? I think the knowledge requirement is better defined as the person has to think that what he has is actually marijuana. This is another good reason to not make any statements if you think you are being investigated for a marijuana offense.
Possession of Marijuana also requires that the judge or jury find that the person "exercised dominion and control" over the substance (that he knew or believed to be marijuana). This is the control requirement. This means that the prosecution has to prove that the person charged with possession knew were the marijuana was located and that it was under his control.
Control is easily proven if the marijuana is found on the person herself, like in pockets or a purse that is associated with a particular person. This is actual possession and usually results in a conviction.
It is more difficult for the government to prove someone had control over some marijuana if it is not found on the person, called constructive possession. The statute itself (linked above) states that "ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana." They need something more to convict a person, such as trying to hide it, or destroy it. Those actions plus nearness to it can be enough to convict a person.
The other path to conviction that you can see in court every day is where the person admits that he knew where the marijuana was located. It is important to remember that you have the right to remain silent and a lot of times if a person would have used that right, they could have avoided a conviction and loss of license, etc.
A person who is suspected of possession of marijuana in most cases should remain still and calm, not make any statements and not agree to any searches. A lot of times police are going to locate contraband but there is no reason for a person to increase his chances of conviction by making statements or agreeing to be searched.
Next time - Distribution of Marijuana laws in Virginia