Fairfax County top prosecutor’s new pot policy faces immediate challenge in court

FAIRFAX COUNTY, Va. - Fairfax County has a new policy regarding marijuana law.

On his first day on the job, Fairfax County’s new Commonwealth’s Attorney Steve Descano, ordered his office to stop prosecuting adults charged with simple possession of marijuana.

It’s part of his progressive agenda he ran on during his campaign.

“It’s important in this role to put the communities value first. And I went around for over a year talking to the community. And what I heard over and over again is we need fairness we need justice and simple possession of marijuana simply is not fair it’s not just a quite frankly doesn’t keep us safe,” Descano said.

He believes saddling people with lifelong consequences for simple marijuana possession just isn’t fair.

The degree of simple possession will be determined on a case by case basis, according to Descano, but the policy was already challenged on Thursday.

A judge denied a motion to dismiss a simple possession charge – and that motion was brought up by the Commonwealth’s Attorney’s Office.

Fairfax County legislative leaders say the defendant didn’t have an attorney, and no witnesses or evidence were presented in court.
The judge went on to say that each case must be looked at on an individual basis in order to dismiss the charge.

Delegate Jennifer Foy of Woodbridge said she plans to introduce legislation at the state level that will support the Commonwealth’s Attorney’s office’s new directives.

“I think that some judges May view the approach differently and they have that autonomy to be able to do that but that’s why I am bringing the bill to legalize marijuana in Virginia so we can actually have an a part of our code and our statute that it is not criminal to have small possession of marijuana for personal use,” Foy said.

Foy said she dropped off her bill today and will be heard when the session begins on Jan. 8.

She believes the bill has enough support to be passed.