In Virginia, possession of a controlled substance is a common offense. In many situations, someone was in the wrong place at the wrong time or was not even aware they were in possession of anything. Next thing you know, you are facing possession charges. Even if you have no past criminal record, drug possession can be a felony in Virginia.
In the state of Virginia, the rules regarding drug possession are purposefully strict. Individuals apprehended in possession of controlled substances may face legal action. After a possession arrest, consulting with a criminal defense attorney may help to change the outcome of the case. The Virginia criminal defense attorneys at Randall, Page & Bruch, P.C. are here for you if you have been charged with possession.
Most drug possession charges are misdemeanors. However, it is possible to receive a felony charge for drug possession depending on what type of drug. The following is a list of possession violations in Virginia and their corresponding charges:
| Possession Type | Charge | Penalty/Sentence |
| Schedule I or Schedule II Controlled Substance | Class 5 Felony | 1-10 years imprisonment, up to 12 months in jail, and/or up-to $2,500 fine |
| Schedule III Controlled Substance | Class 1 Misdemeanor | Up to 12 months in jail and/or up-to $2,500 fine |
| Schedule IV Controlled Substance | Class 2 Misdemeanor | Up to 6 months in jail and/or up-to $1,000 fine |
| Schedule V Controlled Substance | Class 3 Misdemeanor | Up to $500 fine |
| Schedule VI Controlled Substance | Class 4 Misdemeanor | Up to $250 fine |
| Marijuana Possession | Misdemeanor | Up to 30 days in jail and/or up-to $500 fine. A second conviction results in up to 1 year in jail and/or up-to a $2,500 fine |
It is illegal to knowingly or intentionally possess a controlled substance without a valid prescription, according to Virginia Code § 18.2-250. A variety of factors might influence the fines and criminal charges associated with a drug possession charge.
At the beginning of the year, there was a bill in Virginia to decriminalize psychedelic mushrooms. Lawmakers in Virginia voted down all bills related to this decriminalization. According to an article, the reason behind the bill was to legalize therapeutic uses of mushrooms, specifically those suffering from depression and PTSD. Lawmakers did state that they felt the bill had merit, but work needed to be done before they could pass the current bill.
Currently, mushrooms are listed as psilocybin or psilocybin, which means they are classified as a schedule 1 controlled substance and therefore can receive a felony charge and harsh sentencing and fines.
In other news, a man out of Suffolk County was recently charged with supplying heroin and cocaine throughout Gates County in North Carolina, as well as Suffolk County. The Suffolk police started a joint operation with the Gates County Sheriff’s Office to arrest the man and detained him in early January of 2022. He will face felony drug charges in both counties.
Contact our criminal defense attorneys at Randall, Page & Bruch, P.C. to see how we can help you with your possession charges. If you or a loved one need a criminal defense attorney for a possession charge, you can contact us for a free consultation by clicking here or call us at 757-742-6115.
