Possession of certain drugs is a crime in Virginia, and it can result in severe punishments. If you’ve been charged with possession, you should understand the elements of the accusation. Doing so can help prepare you for the criminal process and potential court outcomes.
In this article, we explain the various that go into charging someone with drug possession.
Definition of Drug Possession in Virginia
Drug possession is a serious offense in the state. Virginia law defines the crime as knowingly and intentionally possessing a controlled substance without a valid prescription. This definition encompasses a wide range of drugs.
Penalties for drug possession vary based on the type of drug and the amount in possession. For example, if someone has a large quantity of drugs, authorities can charge them with intent to distribute. This charge carries much harsher penalties.
Even a small amount of drug possession can result in jail time and fines.
Definitions of Controlled Substances in Virginia
Controlled substances are divided into five schedules in the state. These categories are based on the drug’s potential for abuse and medical use.
Schedule I substances are considered the most dangerous. They include drugs like heroin and LSD, which have no accepted medical use and a high potential for abuse.
Schedule II substances, such as cocaine and methamphetamine, have a high potential for abuse, but they also have medical uses in some circumstances.
Schedule III substances, like some anabolic steroids and barbiturates, have a lower potential for abuse, and they are often used for medical purposes.
Schedule IV substances include benzodiazepines and some sleep aids. These drugs have an even lower potential for abuse, and medical circles widely use and prescribe these medicines.
Finally, Schedules V and VI contain substances that have the lowest potential for abuse. They include medications like cough suppressants and low-dose codeine products.
Intent to Distribute vs. Simple Possession in Virginia
In Virginia, the difference between intent to distribute and simple possession makes all the difference in a drug possession case.
Intent to distribute carries much harsher penalties than simple possession. By legal standards, this crime is about much more than simply having drugs on your person. It is a crime where you plan to sell or manufacture controlled substances.
Authorities use various methods to determine whether someone is distributing drugs. This evidence includes the presence of scales, packaging materials, and large quantities of the drug.
Penalties for Drug Possession in Virginia
The consequences depend on the substance in question and the quantity thereof.
Class 5 Felony: Possession of Schedule I or II drugs. The punishment for a conviction can include imprisonment for 1 to 10 years and fines up to $2,500.
Class 1 Misdemeanor: Possession of Schedule III drugs. Conviction includes jail for up to 1 year and fines up to $2,500.
Class 2 Misdemeanor: Possession of Schedule IV drugs. Punishment includes jail up to 6 months and fines up to $1,000.
Class 3 Misdemeanor: Possession of Schedule V drugs. Defendants can avoid jail time, but they may face fines up to $500.
Class 4 Misdemeanor: Possession of Schedule VI drugs. This is a minor charge, and fines can reach up to $250.
Potentially Effective Defenses Against Drug Possession Charges
- Entrapment, which asserts that the accused was coerced or tricked into possessing the drugs by law enforcement.
- Claiming lack of knowledge or possession, which argues that the accused did not know the illegal substances were in their possession.
- Challenging the legality of the search and seizure, which argues that the police had no probable cause to search or seize the evidence, violating the Fourth Amendment.
How a Lawyer Can Help Defend You Against a Drug Possession Charge
Being charged with drug possession can be a frightening experience, but having a skilled lawyer on your side can make all the difference. When you are facing legal charges, your attorney can offer you guidance and support throughout the entire legal process. They will review the evidence against you and explore your options. Then, they can advise you on the best action to take.
A lawyer can also represent you in court, challenging the evidence against you. Their goal is to provide the most effective defense strategy for your situation. Through their advocacy, a lawyer can help protect your rights and achieve the best possible outcome in your case.
If you are facing a drug possession charge, don't hesitate to contact a Andrew J. Cornick, Attorney at Law for the representation you need. You can reach our office by phone at (540) 386-0204, and you can contact us online.