Overview of VA Drug Laws

March 7, 2022

There are different penalties when it comes to drug laws, i.e., illegal controlled substances and controlled substances with no valid prescription. The penalties depend on the type and amount of substance involved and prior criminal history. This is true whether the defendant was accused of possession with the intent to distribute or was just holding it for personal use. 

Drug Classification

There are Schedule 1 through Schedule VI classifications of drugs. Some examples of drug classification are as follows: 

  • Schedule I controlled substances- LSD, heroin, and ecstasy
  • Schedule II controlled substances- morphine, cocaine, and fentanyl
  • Schedule III controlled substances- anabolic steroids
  • Schedule IV controlled substances- alprazolam (Xanax)
  • Schedule V controlled substances- drugs or even medications with smaller amounts of codeine, such as prescription cough medications
  • Schedule VI controlled substances- other depressants or stimulants that don’t fall under Schedule 1 to 5 categories. 

Drug Possession 

Other than that, the following include more details concerning Virginia’s laws concerning drug possession offenses: 

·         Possession of a Prescription Drug With No Prescription

People who have gotten prescription medication from a family member, doctor, or friend may obtain charges similar to illegal narcotics possession. 

·         Drug Paraphernalia Possession

Drug paraphernalia possession, including gel caps, hypodermic needles, small plastic envelopes, and more, also carries criminal charges. People charged with this offense are usually charged as a misdemeanor. 

·         Possession with Intent to Distribute

Under Virginia law, not just the quantity, but the totality of the circumstances (e.g. presence of large amounts of cash, scales, baggies, multiple packages) can lead to someone being charged with possession with intent to distribute.

Drug Possession Penalties 

The defendant’s criminal record, substance amount, substance type, and other factors determine the penalties for that defendant. In Virginia, people can be charged as a misdemeanor or felony. However, first-time offenders may be eligible for a drug program for first-time offenders. 

When it comes to fines, people can pay a fine of up to $2,500 for a class 1 misdemeanor possession conviction. This is also true for those with a Class 5 felony possession conviction. However, Class 1 misdemeanor convictions may be up to 12 months of jail time, whereas Class 5 felony convictions may be up to 10 years of prison time. 

This is only a small scenario. A conviction for distribution of felony drugs can result in 5-40 years in prison. Other convictions on other schedules and classes include six months of jail time and up to a $1000 fine. Whereas other convictions require no jail time but are required to pay $250 or $500 fines.

How an Attorney Can Help

When it comes to such convictions and fines, it is critical to consult with a reputable drug lawyer VA. With such a lawyer, you can rest assured that your case will be thoroughly looked over. This drug lawyer Virginia will fight tenaciously for you when it comes to unlawful searches and seizures, evidence, facts, etc.

This attorney will also determine which options are the best ones to fight criminal charges. He/she will look into possible, challenge the drug identification, challenge the substance amount, and more. 

For More Information

For more information about drug laws in Virginia from a top-notch Virginia drug attorney, contact Rudolphi Law today! For approximately a decade now, Andrew Rudolphi has been providing top-notch legal services concerning drug offenses. And as a result, this drug attorney Fairfax VA has earned tons of recognition from agencies and tons of clients. 

This drug attorney VA is a member of the Virginia State Bar, and he is a trial lawyer. He has gained recognition and awards for being one of the top 100 trial lawyers through The National Trial Lawyers. He has also been recognized as an Avvo 10.0 Top Attorney and with an Avvo Client’s Choice Award among other accolades.

When it comes to finding one of the best Virginia drug attorneys, you won’t go wrong with Atty. Rudolphi. So, contact this law office today!