Virginia Drug Possession Laws

Drug laws in the Commonwealth of Virginia have become the latest political battleground. The state legalized the possession of marijuana in 2021. It was on track to license dispensaries in 2024, but a Republican-dominated legislature quashed a bill that would have legalized sales.

Possession of a controlled substance other than marijuana is a serious offense in Virginia. Virginia takes an unforgiving stance on drug offenses. Anyone charged with possession should contact a criminal defense attorney.

Drug possession laws are difficult for laypeople to understand. This review walks you through some of Virginia’s basic possession laws.

Virginia Drug Possession Laws at a Glance

Possession of any quantity of a Schedule I or Schedule II drug is a felony offense in Virginia. Unlike some states which allow possession of some drugs for personal use, Virginia does not.

Drug Schedules

Virginia’s Drug Control Act regulates all controlled substances. It's similar to the schedules used by the DEA.

• Schedule I drugs have a high risk of abuse and no accepted medical use. These include LSD and heroin.
• Schedule II drugs have a high risk of abuse but some medical uses. Cocaine and amphetamines are examples of Schedule II drugs. Fentanyl remains a Schedule II drug, although analogs are Schedule I.
• Schedule III drugs are prescription drugs with a risk of abuse and dependency. Codeine and anabolic steroids are considered Schedule III drugs in Virginia.
• Schedule IV drugs have a lower risk of dependency and are legal with a valid prescription. Valium, Xanax, and other tranquilizers are Schedule IV.
• Schedule V drugs include drugs such as cough medicine with codeine. This schedule includes precursor substances used to manufacture other narcotics.
• Schedule VI drugs include materials that are not illegal drugs but can be used as intoxicants. Inhalants like spray paint are considered drugs if there is evidence of an intent to abuse. Associated paraphernalia can contribute to Schedule VI drug classification.

Penalties for Possession in Virginia

• Schedule I or II (Class 5 felony): between one to 10 years in prison and a fine of up to $2,500
• Schedule III (Class 1 misdemeanor): up to 12 months in jail and a fine of up to $2,500
• Schedule IV (Class 2 misdemeanor): up to 6 months in jail and 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

Virginia laws have enhanced penalties for substances that are deemed to be particular health hazards. These include including methamphetamine, Rohypnol (flunitrazepam), and GHB.

Marijuana

Virginia legalized possession of small amounts of marijuana for personal use in 2021. Virginia Code § 4.1-1100 allows anyone 21 years of age or older to possess up to one ounce of marijuana for personal use. Possession of more than one ounce but less than four ounces is a petty offense subject to a fine of $25.

Penalties increase along with the amount of marijuana possessed. Sanctions include:

• First offense of between four ounces to one pound of marijuana: Class 3 misdemeanor
• Second or subsequent offense of between four ounces to one pound of marijuana: Class 2 misdemeanor
• More than one pound of marijuana: Class 5 felony

Aggravating factors can enhance penalties. For all drug possession charges, possible sentences become more severe if the offender:

• Has a previous criminal record
• Had quantities for sale or distribution
• Sold to minors
• Sold near a school or other restricted location
• Was manufacturing or transporting drugs out of the state

Drug Treatment Courts and Deferred Sentencing

First-time offenders with no history of violent crime may qualify for Virginia’s Adult Recovery Courts. The Recovery Court is a voluntary program that treats an offender’s drug abuse problem instead of a prison sentence. Only non-violent offenders qualify for Recovery Court.

Participants must agree to:

• Regular alcohol and drug tests
• Judicial monitoring of progress and imposition of sanctions
• Substance abuse treatment
• Community service requirements and fines

Virginia has 39 approved Recovery Courts operating throughout the Commonwealth.

Note: Virginia state laws are subject to change through the passage of new legislation, court rulings that include federal decisions, ballot initiatives, and other means. FindLaw strives to provide the most current information available. To confirm current Virginia drug possession laws, speak with a Virginia criminal defense attorney.

Virginia Drug Possession Laws: Related Resources

• Virginia Marijuana Laws
• Virginia Cocaine Laws
• Virginia Heroin Laws
• Virginia Recovery Court Directory
• Drug Court - Virginia Department of Corrections

Facing Drug Possession Charges in Virginia? Get Legal Advice from a Virginia Criminal Defense Lawyer

If you're facing criminal charges in Virginia, it's a good idea to reach out to an experienced Virginia drug crimes attorney. Whatever the charges, an attorney can help you understand the laws and explain your options going forward. They'll guide you through the complex legal system and get you the best outcome possible..