Drug Possession and Drug Charges

Laws on drug possession in Virginia are notoriously harsh and you can be charged even if you do not have the drugs physically on your person. In order to be charged with possession, the substance only has to be “within your control” according to the legal definition. This can be anywhere that you have main access to or have control over such as the glove box or trunk of your car, between your mattress and bed frame, or even your locker at school or work. Having someone on your side that can help you know your rights in this situation is paramount to your future.

Penalties for drug possession include:

Schedule I Substance – these have no legitimate medical use and are extremely dangerous

• Penalty: Class 5 felony with up to 10 years in prison and fines up to $2,500
• Examples:
  • Heroin
  • LSD
  • Ecstasy
  • GHB

Schedule II Substance – highly addictive and dangerous, may have some medical usage

• Penalty: Class 5 felony with up to 10 years in prison and fines up to $2,500
• Examples:
  • Morphine
  • Cocaine
  • Methadone
  • PCP
  • Methamphetamine

Schedule III Substance – very addictive, often used in the medical field

• Penalty: Class 1 misdemeanor with up to 12 months in jail and fines up to $2,500
• Examples:
  • Vicodin
  • Steroids
  • Hydrocodone
  • Ketamine

Schedule IV Substance – addictive, prescription medications

• Penalty: Class 2 misdemeanor with up to 6 months in jail and fines up to $1,000
• Examples:
  • Xanax
  • Rohypnol
  • Vallium

Schedule V Substance – low potential for abuse or dependency however typically have medical uses

• Penalty: Class 3 misdemeanor with fines up to $500
• Example:
  • Cough Medicine with Codeine

Schedule VI Substance – recreational substances that are abused or misused

• Penalty: Class 4 misdemeanor with fines up to $250
• Examples:
  • Toluene
  • Amyl Nitrite
  • Nitrous Oxide
  • Butyl Nitrite

Marijuana Possessions

Though legalized in many states, the state of Virginia still classifies Marijuana as an illegal substance with a first offense bringing a misdemeanor charge with up to 30 days jail time and up to a fine of $500. The second charge and those after can incur misdemeanor charges still with up to 1 year in jail and fines up to $2,500. Of course, the severity of the charge is also determined by the amount of the possession as well as the circumstances around the possession.

Don’t wait till the last moment to talk to a defense attorney. The McClenney Law Firm is here to help you know and understand your rights and help you in your defense. Call us today for a consultation.