Diversion Program For Marijuana Possession To Begin In Alexandria

ALEXANDRIA, VA — Alexandria prosecutors will take a new approach on marijuana possession cases. Commonwealth's Attorney Bryan Porter announced a new diversion program allowing people charged with possession of marijuana in Alexandria to get their cases dismissed.

Effective Sept. 3, 2019, people can complete a diversion program to get their charges dismissed. The program is open to anyone charged with possessing a small amount of marijuana, even those with a previous criminal record.

"My duty is to seek justice for the entire community—including persons charged with offenses—and that duty requires me to implement thoughtful policies with regard to low-level and non-violent crimes," said Porter in a statement. "My hope is that the majority of marijuana possession offenses will be diverted from the adjudication process, allowing my staff to focus on more serious crimes."

The diversion program requires participants to undergo a drug screening, comply with pretrial supervision and complete a small amount of community service. Cases could continue for six to nine months then checked for a participant's compliance.

According to Porter, "because our program does not require the court to enter a finding of guilt, a person who successfully completes our program may petition to have the charge expunged from his record. My office will liberally agree to such requests if the legal requirements for expungement are satisfied."

In Virginia, a possession of marijuana conviction can lead to up to 30 days in jail and/or a fine up to $500. State law allows first-time offenders a chance to avoid a conviction, and a court can recommend a substance abuse assessment, and if appropriate, treatment or other programs.

Alexandria's program goes further than the first-time offender statute by allowing people with prior criminal records to participate. People in the diversion program do not have to pay court costs or fines.

Decriminalization of marijuana lies with the Virginia General Assembly. Bills to decriminalize possession of marijuana have not succeeded in past sessions.