Virginia Cocaine Laws

Virginia’s Drug Control Act laws mirror the federal Controlled Substance Act. Virginia state law puts drugs under schedules according to their medical use, risk of abuse, and safety. Cocaine is a Schedule II drug since it has some legitimate medical uses, although it has a high risk of abuse and addiction.

There is no minimum personal use amount allowed under the drug code of Virginia. Any amount of cocaine is unlawful. Like most states, Virginia’s drug courts offer first-time non-violent offenders a chance to get treatment for substance abuse rather than a prison sentence.

Subsequent offenses and other offenses, such as distribution and sales, have harsher penalties than simple possession. This article reviews the drug offenses and penalties in the Commonwealth of Virginia.

Virginia Cocaine Laws

Cocaine is illegal in Virginia. Penalties depend on the type of offense and the amount of the drug involved.

Virginia Cocaine Possession Penalties

In Virginia, simple possession of cocaine is a Class 5 felony. Knowing possession of any Schedule I or Schedule II drug is punishable by one to ten years in prison. The jury or judge in a simple possession case has the option of sentencing the defendant to 12 months of jail time, a $2,500 fine, or both.

Virginia Cocaine Sale or Distribution Penalties

Possession of a controlled substance for sale or distribution is a more serious offense than simple possession. Unlike some states that have separate definitions for distribution and sales, Virginia makes no such distinction. Penalties include:

• First offense: between five to 40 years in prison and a fine of up to $500,000
• Second offense: prison sentence of between five years to life, with a mandatory minimum sentence of three years before parole and a fine of up to $500,000
• Third and subsequent offense: Prison sentence of a minimum of ten years to life and a fine of up to $500,000

It is a felony offense to give any amount of cocaine or any other Schedule I or Schedule II drug to another person. Virginia’s statute contains an accommodation clause that allows a defendant to show they gave another person a substance without expectation of payment. Proof of accommodation reduces the charge to a Class 5 felony.

Virginia Cocaine Trafficking Penalties

Trafficking is considered the sale or distribution of large amounts of drugs or moving drugs across state lines. Virginia includes trafficking and engaging in a continuing criminal enterprise in the drug charges statutes.

Law enforcement officials may consider organizing or managing more than five other people who distribute cocaine, heroin, or methamphetamine as “engaging in a continuing criminal enterprise” for purposes of the statute.

Virginia Drug Courts

Virginia’s drug treatment courts have been in operation since 1995. They provide diversion and substance abuse treatment for non-violent drug offenders. Judges review cases and high-risk/high-needs offenders are given priority for eligibility.

Defendants in drug courts must complete an intensive course of treatment during their probation, including:

• Regular drug testing, including blood or urine testing
• Regular court appearances if the defendant is not employed
• Job searches or education
• Payment of court fees, restitution, or community service as determined by the court

Completion of probation may result in the judge dismissing or reducing the drug possession charges. The exact nature of the probation depends on the jurisdiction and the defendant.

Virginia Cocaine Laws: Related Resources

• Drug Possession Overview
• Drug Possession Defenses
• Virginia Law
• Official State Codes - Links to the statutes in all 50 states and DC
• Virginia Heroin Laws

Facing Cocaine Charges in Virginia? Talk to an Attorney

Whether you’re facing a drug crime felony or a misdemeanor, you'll need legal help. If you were arrested for a cocaine possession charge, speak with an experienced Virginia criminal defense lawyer. It takes knowledge of state laws to develop a good defense strategy. Your lawyer will examine your case, explain your options, and stand with you in court.