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Medical Marijuana Doctors in VirginiaA first offense is an "Unclassified Misdemeanor", meaning the maximum penalty is 30 days in jail and a $500 fine (or both), and loss of driving privileges. A subsequent offense is a Class 1 misdemeanor, with a maximum penalty of 12 months in confinement and a $2,500 fine (or both), plus loss of driving privileges. A first-offense will qualify for a deferred disposition resulting in dismissal. This option requires a drug assessment, classes, community service, and loss of driving privileges for six months. The first-offender program is controversial according to some Virginia criminal defense attorneys and advocates for young men and women in the Commonwealth, primarily because it does not allow the defendant to qualify for expungement, and as a result, remains on the individual's record for life.

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