4 Things You Should Know About Drug Crimes in Virginia
October 18, 2021
Virginia’s drug laws are plain and punitive, with punishments based on the type of drug crime committed and, in many cases, the quantity and category of drug used. Here are four things you should know about Virginia’s drug laws and how Virginia drug attorneys might assist you.
1. Transporting Controlled Substances & Marijuana into the Commonwealth of Virginia (Section 18.2-248.01)
If a person transports with the intent to sell or allocate even an ounce of narcotics or marijuana weighing a minimum of five pounds, they are guilty of this felony.
A felony conviction for bringing prohibited narcotics into Virginia carries a term of 5 to 40 years in jail and a fine of up to $1 million, with a 3-year mandatory minimum sentence.
2. Possession of Controlled Substances (Section 18.2-250)
A person who knowingly has a controlled substance obtained without a valid prescription faces penalties of up to 10 years in prison and a fine of up to $2,500 for possession of Schedule I to II controlled substances.
3. Possession of Controlled Substances for the First Time: Probation (Section 18.2-251)
If an individual is found guilty of having a prohibited substance with no previous convictions for narcotics offenses, the court can agree to place them on probation and postpone the proceedings against them with the intention of dismissing the charge upon fulfillment of set conditions. A drug lawyer VA can help determine if this is the best option in your given case.
Minors Receiving Controlled Substances (Section 18.2-255)
If a person above the age of 18 sells or gives controlled narcotics to a minor who is at least three years his junior or induces a youngster to help distribute controlled substances, the person is guilty of a crime punishable by 10 to 50 years in prison and a fine of up to $100,000.
Furthermore, if the charge involves a Schedule I or II controlled narcotic, or at least one ounce of marijuana, they will face a mandatory minimum 5-year jail sentence. They face a 2-year mandatory minimum jail sentence for less than an ounce of marijuana.
4. Controlled Substances Sales and Distribution or Conspiracy in Specific Areas (Section 18.2-255.2)
Individuals who sell, distribute, or produce narcotics on or near specified premises are breaking the law. A felony conviction with one to five years in prison and a fine of up to $100,000 is the penalty for violating this law as a first offense.
If the defendant was making, distributing, or possessing with intent to distribute Schedule I, II, or III controlled substances or more than one-half ounce of marijuana, a second conviction for breaking this section will result in an additional sentence of a statutory minimum of one year in prison. If you can prove that the offense was an accommodation, the charge is reduced to a misdemeanor.
The following areas or anywhere within a thousand feet of them is considered off-limits:
- Elementary school
- Middle school
- High school
- Two to four-year college or university
- Child day centers
- Public library
- Youth center
- Recreational center
- Buses for students
- Authorized school bus stop
Making an Attempt at a Drug-Related Offense (Section 18.2-257)
If someone attempts to commit a drug-related offense, they could face one to ten years in jail or the penalty of the completed felony, if such penalty is lesser. If someone attempts to commit a drug-related misdemeanor, they face a Class 2 misdemeanor, which includes either or both six months in jail and a $1,000 fine.
How a Drug Attorney VA Can Assist
Please discuss with your drug attorney Fairfax Virginia how they can utilize defenses in your case. Your experienced drug lawyer VA at Rudolphi Law will examine the facts and proof in your case and find the most promising possibilities to protest the criminal charges, from unlawful seizure and search to another person having the drug.