Drug Crimes

Virginia categorizes drugs into different “Schedules” based on their perceived potential for abuse and medical value. The penalties for drug offenses vary depending on the Schedule of the drug involved, the quantity, and the specific conduct alleged. Most drug crimes in Virginia—even simple possession of Schedule 1 or 2 drugs—are classified as felonies. Some common types of drug crimes in Virginia include:

• Possession of a Controlled Substance: This involves having a controlled substance on your person, in your vehicle, or in your home without a valid prescription. While still a serious offense, simple possession is generally treated less harshly than charges involving intent to distribute or actual distribution.
• Possession with Intent to Distribute: This charge applies when you possess a controlled substance with the intent to sell or distribute it to others. The quantity of the drug, along with other factors, can be used to establish intent.
• Distribution of a Controlled Substance: This involves the actual sale, transfer, or delivery of a controlled substance to another person.
• Manufacturing of a Controlled Substance: This refers to the production, cultivation, or synthesis of a controlled substance.
• Prescription Fraud: This includes obtaining or attempting to obtain controlled substances through fraudulent means, such as forging prescriptions or misrepresenting medical information.

The penalties for drug crimes in Virginia can range from misdemeanors to felonies, carrying significant jail time, fines, and other consequences. Some factors that can influence the severity of the penalty include:

• The Schedule of the Drug: Schedule I drugs, such as heroin and LSD, carry the harshest penalties, including potential life imprisonment in some cases. Schedule VI drugs, like certain prescription medications, typically result in misdemeanor charges with relatively lighter penalties.
• The Quantity of the Drug: Possessing larger quantities of a controlled substance typically results in more severe charges and penalties, potentially including lengthy prison sentences. For example, possession of a large amount of cocaine with intent to distribute could lead to a sentence of 10 years or more.
• Prior Convictions: Individuals with prior drug convictions may face enhanced penalties, including mandatory minimum sentences.
• The Specific Conduct: Charges like possession with intent to distribute and distribution typically carry much harsher penalties than simple possession, often involving mandatory minimum prison sentences and substantial fines.

In recent years Virginia has relaxed its laws pertaining to marijuana possession. Currently, the law allows for the legal possession and use of marijuana for adults twenty-one and older, but with certain restrictions and limitations.

• Legal Possession: Adults twenty-one and older can legally possess up to one ounce of marijuana or an equivalent amount of marijuana product in public.
• Home Cultivation: Adults twenty-one and older can also cultivate up to four marijuana plants per household, out of public view.
• “Adult Sharing”: It is legal to share up to one ounce of marijuana or an equivalent amount of marijuana product with another adult twenty-one or older, without any remuneration.

Penalties for Exceeding Legal Limits

• Possession of more than one ounce but less than four ounces: Subject to a civil penalty of no more than $25. Possession of more than four ounces but not more than one pound:
• First offense: Class 3 misdemeanor
• Second or subsequent offense: Class 2 misdemeanor
• Possession of more than one pound: Felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.

It remains illegal for individuals under the age of twenty-one to possess or consume marijuana. Penalties can include a civil penalty, substance abuse treatment or education, and potential driver’s license suspension. Consuming marijuana in public remains illegal.

• Challenging the Evidence and Procedure
• Illegal Search and Seizure: If law enforcement obtained evidence through an unconstitutional search or seizure, a skilled attorney can file a motion to suppress that evidence, potentially weakening or even dismissing the case entirely.
• Lack of Possession or Knowledge: The prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed the controlled substance. If there is a question about who possessed the drugs, or if the defendant was unaware of their presence, this can be a strong defense.
• Chain of Custody Issues: The prosecution must also prove the chain of custody of the evidence, showing that it was handled properly from the time of seizure to its presentation in court. Any breaks in this chain could cast doubt on the evidence’s integrity.
• Insufficient Evidence of Intent: For PWID charges, the prosecution needs to demonstrate intent to distribute. Factors such as the quantity of drugs, packaging, presence of scales or other paraphernalia, and communication records may be considered. An attorney can argue that these factors do not conclusively prove intent to distribute.
• Accommodation: In some cases, a defendant may be able to argue they were merely sharing drugs with a friend or acquaintance without any intent to profit, which may reduce the charge to simple possession under the “accommodation defense.”