Arrested on a drug charge? Virginia drug possession laws are notoriously tough. The commonwealth is well behind national trends for decriminalization, sentencing reform, and other sensible changes to an obviously failed drug war, yet they persist in aggressive prosecutions.
Any drug possession charge is serious, and requires careful consideration of the legal facts. You need to aggressively defend your rights in court to avoid the harshest penalties.
A Virginia drug possession conviction can result in a driver’s license suspension. You can lose your ability to drive, which for most people is critical to keeping their job.
Many drug possession offenses have mandatory minimums, giving judges little discretion on the sentencing. That’s why it’s important to get started right away to preserve all options in your legal defense.
Is My Charge a Felony or Misdemeanor?
Under Virginia law, possession of heroin, ecstasy, cocaine, meth, or other drugs classified as Schedule 1 or Schedule 2 is a felony.
Possession of pot(marijuana), most prescription drugs, and drugs classified as Schedule 3, Schedule 4 or Schedule 5 is a misdemeanor.
Simple Possession of a Controlled Substance – Penalties
Drug possession penalties in Virginia are based on drug classifications, or schedules. See my drug laws page for more information on drug schedules.
| Class | Examples | Penalty |
|---|---|---|
| Schedule I | Heroin, Ecstasy (MDMA), LSD, GHB | Up to 10 years in prison; fines of up to $2,500 |
| Schedule II | Cocaine, Methamphetamine(crystal meth) and other stimulants. Morphine, PCP, Methadone, Ritalin | Up to 2 years in prison; fines of up to $2,500 |
| Schedule III | Anabolic steroids, Codeine and Hydrocodone (Vicodin, Lorcet, Dolacet and others) with aspirin or Tylenol, Special K (Ketamine), some barbiturates and other depressants | Up to 6 months in prison; fines of up to $1000 |
| Schedule IV | Many prescription drugs such as Darvon, Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as well as other tranquilizers. | Fines of up to $500 |
| Schedule V | Codeine based cough medicines | Fines of up to $250 |
Marijuana Possession Penalties
See our Marijuana possession & penalties page.
Drug Possession Charge Defense Strategies
There are many different ways to beat a drug possession charge, from motions to suppress based on an illegal search and seizure to challenging whether or not the substance was legally in your “possession”. How we would fight your charge, depends greatly on the exact facts of your case.
But our lawyers can go over defense options and strategies with you in a free legal defense case evaluation.
Call Now For a Free Consultation on Virginia Drug Possession Laws
Our attorneys have defended hundreds of criminal possession charges, and been able to save our clients from severe penalties countless times. Don’t give up hope, even if you think you are guilty. Give us a call – we will listen to your case, review the evidence, and let you know what we can do to fight and win. We’ll let you know exactly what your chances are to beat your charges.
If you are facing any type of possession or drug charge in Virginia, you need to speak to an experienced criminal defense attorney right away. Call me now to schedule a no-obligation, no-risk, free consultation at (888) 205-9314. I’ll talk to you about your case, let you know what you are facing, and let you know exactly what I can do to help.