Virginia Drug Possession Laws

Statute

Charges & Penalties: Generally

Schedule I and II substances include heroin, cocaine, LSD, and methamphetamine. Schedule III substances include codeine and other members of the codeine family (in addition to opioids). Schedule IV substances include Valium, Xanax , and other sedatives and tranquilizers.

Schedule V substances include drugs such as cough medicine with codeine. Schedule VI substances include materials that aren't drugs in the conventional sense but may be used as drugs, such as inhalants (as long as there's supporting evidence of abuse or intent to abuse).

Charges for the possession of these substances are as follows:

• Schedule I or II - Class 5 felony; 2-10 yrs. in prison and/or a fine of up to $2,500.
• Schedule III - Class 1 misdemeanor; up to 12 months in jail and/or a fine of up to $2,500.
• Schedule IV - Class 2 misdemeanor; up to 6 months in jail and/or a fine of up to $1,000.
• Schedule V - Class 3 misdemeanor; fine of up to $500.
• Schedule VI - Class 4 misdemeanor; fine of up to $250.

Charges & Penalties: Marijuana

Charges for the possession of cannabis (i.e. marijuana) are as follows:

• Less than 1/2 oz. - Misdemeanor; up to 30 days in jail and a fine of up to $500.
• Less than 1/2 oz. (second offense) - Class 1 misdemeanor; up to 12 months in jail and a fine of up to $2,500.
• More than 1/2 oz. - Often charged as possession with intent to distribute (although defense attorneys will press for supporting evidence before or at trial), a Class 5 felony; 2-10 yrs. in prison and/or a fine of up to $2,500.

Note: Legally prescribed cannabis extracts with high amounts of CBD (used to treat seizures and other conditions) and low amounts of THC (which causes the "high") are allowed under state law.

Drug Treatment Courts & Deferred Sentencing

First offenders with no history of violent crime may plead guilty to drug possession charges, resulting in probation, in exchange for undergoing drug treatment and submitting to drug tests.

Virginia's Drug Treatment Courts handle certain drug cases as follows:

• A multidisciplinary team made up of the judge, an attorney, probation officers, and treatment professionals work toward treating the defendant's drug abuse problem;
• The goal is to treat drug addicts and restore them to productive and lawful lives;
• The court actively monitors the defendant's progress, enacting sanctions when necessary;
• The structure of the treatment plan is standardized, but specific treatment is individualized;
• Defendant is subject to regular drug testing and probation monitoring; and
• Beginning stage relapse is considered part of the process and won't lead to additional sanctions.