Virginia Criminal Defense Lawyers Explain Drug Possession and How We Build a Strong Case for You

Make no mistake: if you’re facing a criminal conviction for drug possession, you can expect to endure long-term consequences. But even if you think you’re guilty, you deserve sound legal advice and an aggressive defense strategy. At the Wilson Law Firm, our dedicated criminal defense lawyers understand the stress you're under and are committed to providing the knowledgeable legal representation you need to protect your rights and secure the best possible outcome.

Understanding Drug Possession Under Virginia Code § 18.2-250 hand-holding-bag-of-drugs-man-in-handcuffs

Virginia Code § 18.2-250 makes it illegal for someone to knowingly or intentionally possess a controlled substance without a valid prescription. You must have control of the drugs to be in violation of this law. One way you could be guilty of drug possession is to have actual possession of the drugs, such as having them in a jacket or pants pocket.

Here’s the catch: you don’t necessarily need to have the drugs on your person to violate this law. You can be considered in constructive possession if the drugs are found in an area you control, such as your home or vehicle. 

Virginia's Schedule of Controlled Substances

Virginia classifies controlled substances into six schedules based on their potential for being abused and their accepted medical uses, if any. Here are some examples of drugs in each schedule:

  • Schedule I. Heroin, LSD, and ecstasy
  • Schedule II. Cocaine, methamphetamine, and Oxycodone
  • Schedule III. Anabolic steroids and codeine 
  • Schedule IV. Xanax, Valium, Ambien
  • Schedule V. Cough medicines prepared with codeine 
  • Schedule VI. Some inhalants and other non-drug substances that are abused for recreational purposes

Penalties for Drug Possession in Virginia

The penalties for drug possession in Virginia vary based on how the controlled substance involved is classified and your criminal history. If you have an experienced criminal defense lawyer at The Wilson Law Firm vigorously defending you, this can also impact your sentence. Here are the punishments you might face:

  • Schedule I or II. Possession of this class of controlled substances is a Class 5 felony. You could be sentenced to up to 10 years in prison and a fine of up to $2,500.
  • Schedule III. You would be charged with a Class 1 misdemeanor if evidence shows you possessed a Schedule III drug. Your punishments could include sentencing of a maximum 12-month jail sentence and a fine not exceeding $2,500.
  • Schedule IV. This possession conviction is a Class 2 misdemeanor, with a maximum six-month jail sentence and a fine of up to $1,000.
  • Schedule V. Possession within this category is considered a Class 3 misdemeanor. You could have to pay a maximum fine of $500.
  • Schedule VI. These violations are the least severe and are charged as a Class 4 misdemeanor with a fine not to exceed $250.
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