By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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Virginia’s Drug Control Act mirrors the federal Controlled Substances Act (CSA). Both acts categorize or schedule drugs according to their medical uses, risk of abuse, and safety. Schedule I categorizes drugs with no recognized medical use and a high risk of abuse and addiction. Heroin, cocaine, and LSD are in this category.
Other opioids, like morphine or oxycodone, have recognized medical uses. This earns them a Schedule II classification. Prescription drugs like codeine, Valium, and Xanax, are also controlled substances. These drugs are legal with a valid prescription from a healthcare provider. Possession of any scheduled drug without a prescription is unlawful under Virginia’s drug laws.
Schedule III, Schedule IV and Schedule V drugs are misdemeanor drug offenses. Fentanyl was a Schedule II drug, but the Commonwealth changed the laws around this dangerous drug. Virginia code enhances penalties for using machines and other methods to manufacture Schedule I or II drugs. FindLaw's Drug Charges section has additional resources and information.
Virginia Heroin, Opiates, and Opioids Code Sections |
Code of Virginia |
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Virginia Heroin, Opiates, and Opioids Possession Penalties |
Any amount for personal use (Class 5 felony): between one to 10 years or jail for up to 12 months and a fine of up to $2500. Judges and juries have the discretion to recommend either sentence. First-time offenders can be sentenced to drug court. This is a type of probation that requires first offenders to attend drug rehabilitation classes, submit to regular drug testing, and meet all other conditions of probation. |
Virginia Heroin, Opioids, or Opiates Sale or Distribution Penalties |
Possession of a controlled substance for sale or distribution is determined by the amount of a substance the defendant has and by their actions at the time of the arrest. Possession of more than 100 grams of a detectable amount of heroin is presumptively possession with intent to sell or distribute. Drug distribution is unlawful unless the distributor is a licensed pharmacist or other medical professional.
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Virginia Heroin, Opioids, and Opiates Manufacturing and Trafficking Penalties |
Possession of any of the precursor chemicals classified as Schedule I drugs is presumptive proof of intent to manufacture. Trafficking is not a separate crime in Virginia. Trafficking is considered the transportation of large quantities of drugs over state lines. These are federal felony offenses as well and require the assistance of law enforcement agencies like the FBI and DEA. Virginia has a continuing criminal enterprise statute for very large quantities of drugs. For heroin, the amount is more than one kilogram (2.2 pounds). A felony conviction results in a prison sentence of 20 years to life and a $1 million fine. |
Drug paraphernalia is any item that assists a user with ingesting a controlled substance. An object becomes paraphernalia by its association with illegal drugs. A spoon becomes drug paraphernalia if used to process heroin. Possession of drug paraphernalia is a Class 1 misdemeanor.
Accommodation is a defense to a distribution charge. A defendant must prove that they gave a drug to another user:
Preparing an effective defense for heroin-related crimes is tricky. It's a good idea to speak with an expert like a criminal defense attorney if you're facing any drug charges.
If you have more questions about Virginia laws and drug classifications, or if you need help with drug charges, get legal advice from a Virginia drug crimes lawyer. FindLaw has more resources linked below.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Virginia attorneys offer free consultations for Drug Crime.
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