Drug charges in the state of Virginia result in either a felony or misdemeanor penalties, depending on several elements.
These elements include the kind and quantity of controlled substances involved, as well as whether the offender is accused of possessing the drugs for personal use, distribution or sale.
Penalties for Possession
Possession includes any drugs on or around the offender or the offender’s property that he/she has control over, so the offender does not need to have drugs directly on him/her to be convicted of possession of such substance. The state of Virginia divides drugs into schedules based on the level of addictiveness and the number of medical uses the drugs has. The following list shows the schedule.
- Schedule I and II Controlled Substance – Possession of substances in this schedule is a class five felony and is punishable by imprisonment from one to ten years and a fine of up to $2,500. Examples of these substances are heroin, LSD, and cocaine.
- Schedule III Controlled Substance – Examples of these substances are codeine and anabolic steroids. The penalties for possession of these substances are a fine of up to $2,500 and up to one year in jail. This is a class one misdemeanor.
- Schedule IV Controlled Substance – Possession of this sort of controlled substance is a class two misdemeanor and is punishable by up to six months in jail and a fine of up to $1,000. Examples of these drugs are Xanax and other tranquilizers.
- Schedule V Controlled Substance – Examples of these controlled substances are cough medicine with codeine and possession comes with a penalty of a fine up to $500. This is a class three misdemeanor.
- Schedule VI Controlled Substance – Possession of these sorts of controlled substances is a class four misdemeanor and the penalty is a fine of up to $250. Drugs in this category are legal substances that can be used as intoxicants such as inhalants like amyl nitrate.
Penalties for Possession with the Intention to Sell or Distribute
The penalties for someone that was planning to sell or otherwise distribute controlled substances are as follows:
- Schedule I and II: Being found guilty of possession with intent to distribute Schedule I and II substances is a felony and is punishable by up to forty years in prison and up to a $500,000 fine. A second conviction requires a minimum of a five-year jail sentence but the offender can be given up to life imprisonment.
- Schedule III, IV, or V: Violation of this section is a misdemeanor and can lead to a penalty of up to one year in jail and a fine of up to $2,500.
Distributing Controlled Substances to Minors
If a person over 18 years old and intentionally sells or gives controlled substances to a minor at least three years younger than the person, or gets a minor to help distribute controlled substances, then the person is guilty of a felony accompanied with penalties of ten to fifty years in prison and a fine of up to $100,000.
If you need a Virginia Drug Crime Lawyer to help you with your Drug Crime case in Virginia, call us at 888-437-7747. Our Virginia Drug Crime Attorneys can help you. B