Drug Possession: Crimes, Penalties and Defenses in Virginia

Facing drug possession charges in Virginia can have serious consequences. The specific penalties you are facing depend on the drug you are accused of possessing, your prior record (if any), and other factors. An experienced Prince William County criminal defense attorney can help you fight to avoid unnecessary consequences.

If you have been charged with drug possession in Virginia, it is important to know the specific charges and penalties you are facing. While some drug possession charges are misdemeanors, others are felonies—and penalties can range from relatively modest fines to substantial fines and prison time. Since having any drug possession conviction on your record can negatively impact your life for years to come, it is important to have an experienced Prince William County criminal defense attorney on your side.

When is Drug Possession a Misdemeanor in Virginia, and When is It a Felony?

Most drug possession charges appear in Section 18.2-250 of the Code of Virginia. Under Section 18.2-250, whether drug possession is a misdemeanor or a felony depends on the drug’s classification (or “Schedule”):

Schedule I and II Drugs – Possession is a Class 5 felony
Schedule III Drugs – Possession is a Class 1 misdemeanor
Schedule IV Drugs – Possession is a Class 2 misdemeanor
Schedule V Drugs – Possession is a Class 3 misdemeanor
Schedule VI Drugs – Possession is a Class 4 misdemeanor

These are the general rules, and they apply strictly to “simple” possession charges. There are special rules for cases involving incarcerated individuals and certain other defendants, and charges for possession with intent to distribute can be far more severe.

What About Marijuana?

In Virginia, it is legal to possess up to two ounces of marijuana for personal use if you are 21 or older. However, possessing more than two ounces of marijuana, or possessing any amount of marijuana if you are under 21, can still lead to criminal charges. Possessing any amount of marijuana with the intent to distribute can lead to criminal charges as well. Some examples of potential charges for marijuana possession include:

Possession of up to four ounces of marijuana carries a civil penalty of up to $25.
Possession of more than four ounces but less than one pound of marijuana is a Class 3 misdemeanor.
Possession of more than one pound of marijuana is a felony punishable by up to 10 years in prison and a $250,000 fine.

Similar to other drugs, possessing marijuana with the intent to distribute carries enhanced charges and enhanced penalties.

What Are the Penalties for Drug Possession in Virginia?

If you are facing a drug possession charge in Virginia, the penalties you face depend on your charge’s classification. For most drug possession charges (both misdemeanors and felonies), the potential penalties include:

Class 5 Felony – Up to 10 years in prison and a $2,500 fine
Class 1 Misdemeanor – Up to one year in jail and a $2,500 fine
Class 2 Misdemeanor – Up to six months in jail and a $1,000 fine
Class 3 Misdemeanor – Up to a $500 fine
Class 4 Misdemeanor – Up to a $250 fine

Along with these court-imposed penalties, drug crime convictions can have other serious consequences as well. For example, with a drug possession conviction on your record, you may find it more difficult to land a job; or, if you are in school, you could face academic discipline in addition to criminal prosecution.

FAQs: Fighting a Drug Possession Charge in Prince William County, VA

What are possible defenses to drug possession in Virginia?

There are several possible defenses to drug possession charges in Virginia. These range from showing that the drug in question was not technically in your “possession” to showing that the police violated your constitutional rights. Ultimately, prosecutors have the burden of proof, and if they cannot prove your guilt beyond a reasonable doubt, you are entitled to have your drug possession charge dismissed.

Is it worth hiring a criminal defense attorney if I got caught possessing a drug?

Yes, if you got caught possessing a drug, it is well worth hiring a criminal defense attorney to represent you. Even in this scenario, you may have various options for avoiding a conviction. Additionally, even if you are not able to avoid a conviction entirely, an experienced attorney may still be able to help minimize both the immediate and long-term consequences of your arrest.

What is a Recovery Court (RC)?

A Recovery Court (RC) is a specialized court that “offers people facing felony charges the chance to avoid incarceration, achieve sobriety, rebuild relationships and become contributing members of the community.” Eligible defendants who participate in Prince William County’s Recovery Court program may be eligible to have their charges reduced or dismissed. If you are eligible for Recovery Court, a Prince William County criminal defense attorney at our firm can help you decide whether this is your best option under the circumstances.

How Our Defense Team Can Help

Our attorneys provide experienced legal representation for individuals who are facing drug possession charges in Prince William County. We take a personalized approach to every case we handle, focusing on helping each client obtain the best possible outcome based on their circumstances.

If you have grounds to fight your drug possession charge, we can fight your charge by all means available. If Recovery Court (RC) is your best option, we can guide you through the process. If it makes sense to negotiate a plea deal in your case, we can work to secure a deal that minimizes the consequences of your arrest and protects your future.

Speak with a Prince William County Criminal Defense Attorney in Confidence

If you are facing a drug possession charge in Prince William County, we encourage you to contact us promptly to discuss your case in confidence. To arrange a free initial consultation as soon as possible, call 703-897-1777 or tell us how we can get in touch online now.