Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Cocaine is an illegal substance in all states, although state governments vary widely in how they prosecute drug crimes in general. Virginia classifies cocaine as a Schedule II drug (heroin is Schedule I), which carries a jail sentence of up to one year and/or a $2,500 fine for simple possession. The sale of cocaine carries much harsher sentences -- 20 years to life in prison for the sale of more than 5 kilograms of cocaine.
Although simple possession of cocaine (even small amounts) can result in prison time in Virginia, the state has followed the national trend in creating alternatives for non-violent offenders. Virginia's drug treatment courts began as a pilot program in Roanoke in 1995, and are now offered in districts throughout the state, including juvenile courts. Generally, non-violent drug offenders are given probation instead of incarceration while they receive addiction treatment.
The program involves a collaborative effort among the judge, the state's attorney, treatment professionals, and probation officers. Participants are drug tested and monitored by probation officers, but relapses are not always treated as a new offense.
The basics of Virginia cocaine laws, including crime classifications and sentences, are listed in the following chart. See FindLaw's Drug Charges section for related articles.
| Code Section | 18.2-247; 54.1-3448 |
| Possession | Any amount: Class 5 felony (up to 12 months in jail and a $2,500 fine) |
| Sale | 5-40 yrs. and up to $500,000 if defendant proves he gave drug (1) not for profit; (2) not to an inmate, or (3) not for recipient to become addicted, then Class 5 felony; "Drug kingpin" if over 5 kg.: up to $1,000,000 and 20 yrs. to life with 20 yrs. mandatory; Subsequent offense: at court or jury's discretion, life or not less than 5 yrs. and up to $500,000; Sale to minor or within 1000 ft. of school: stricter penalties |
| Trafficking | - |
Note: State laws are constantly changing -- it is a good idea to contact a Virginia drug crime attorney as well as conduct your own legal research to verify the state law(s) you are seeking.
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