Virginia Drug Possession Lawyer

Let us fight your Drug Possession violation. As a Virginia drug possession lawyer, I’ve defended clients in the Virginia courts. Call me to discuss your drug possession criminal charges.

read below important information related to defense strategies for drug possession:

What are the Different Types of Drugs?

Virginia’s drug laws are changing.  As of July 1, 2020, simple possession of one ounce or less of marijuana is a civil offense with a penalty of no more than $25. 

This simple possession will not leave a criminal record anymore. 

In contrast, possession or distribution of other illegal drugs such as Schedule I and II drugs (Virginia Law Section 18.2-250) are highly penalized crimes with greatly increased fines and jail time.

If you or anyone you know is arrested for drug possession, contact an experienced Virginia Drug Possession Lawyer to discuss your case.

Virginia’s list of illegal drugs is extensive.  The Drug Control Act lays out the various ways drugs are classified as different Schedules. 

In short, the drugs that are most strongly criminalized are Schedule I and II drugs. 

These drugs are highly addictive and have limited or no medical use.

Schedule I drugs are the most addictive and serve no medical purposes. 

These drugs include heroin and LSD.  

Schedule II drugs are addictive but have an accepted medical purpose somewhere in the United States.  Schedule II includes cocaine, PCP, and more.

Penalties & Charges

The severity of the charges and penalties for drug possessions depends on the quantity of the drugs possessed and what the drug was.

For example, marijuana possession up to 1 oz, as mentioned above, will carry no jail time, no effect on a criminal record, and only a $25 fine. 

However, selling more than 1 oz but less than 5 lb of marijuana is a class 5 felony. 

More than 5 pounds of marijuana is a felony punishable with 5 to 30 years of jail time.

Other drugs classified as Schedule I or II carry far more severe penalties. 

Possession of Schedule I or II drugs is a class 5 felony. 

Possession with intent to sell one of these drugs is a felony with a 5 to 40-year conviction and a fine up to $500,000.

Drug convictions in Virginia are serious charges and should be treated as such. 

If you find yourself being charged with drug possession, get an experienced defense attorney at American Lawyers Group.

Possession, Sales, and Distribution

Possession of a drug is exactly what it sounds like. 

You can face a charge of possession if the illegal drug is found on your person. 

However, the prosecution can also show you possessed a drug through constructive possession. 

Constructive possession is where the prosecution shows that the drug was effective in your control. 

Practically speaking, constructive possession can occur when you are in a car with drugs. 

Yes, you were not physically holding the drugs in your cup holder, but the commonwealth can use the idea of constructive possession to show the drug was effectively yours.

It is important to know possession is not ownership. 

If you were “just holding” the illegal drug for a friend, you are still in possession. 

The police and the commonwealth do not have to show that you owned the drug; they just have to show you were in possession of it.

The sale and distribution of illegal drugs are harshly punished in Virginia.  The exact punishment will vary depending on the classification of the drug and who is buying it. 

First offenses for sale and distribution of drugs for the first time can carry 5 to 40 years of jail time and a $500,000 fine.  Courts can infer intent to sell from the number of illegal drugs. 

Any more than what is considered a personal amount will help the commonwealth establish an intent to sell.

Penalties for 2nd Offenses

Repeat offenses are far more harshly punished in Virginia.  Possession of a Schedule I or II drugs with intent to sell carries 5 to 40 years of jail time and $500,000 in fines. 

A second offense can result in life in prison

Defense Strategies

There are several defenses to drug charges. 

These defenses include suppression of evidence gained through a violation of the 4th Amendment, presentation of a prescription to allow you to legally have the drug in question, and more.  

In order for the police to search your home and other Constitutionally protected things, they need a warrant obtained by probable cause. 

There are exceptions to this rule, but it is a general rule. 

A skilled Virginia drug defense lawyer can, under the correct circumstances, stop the commonwealth from presenting evidence that was gained by searching things protected by the Constitution’s 4th amendment.

Having a prescription for certain drugs will essentially kill a charge of illegal possession of that controlled substance. 

This defense only works in specific circumstances.

Why You Should Hire a Virginia Drug Defense Attorney

Drug laws in Virginia are changing.  Marijuana is inching closer and closer to legalization. 

However, other drugs are still very much criminal. 

Schedule I and II drug possession or sale is highly fined, harshly jailed, and will permanently affect rights and employment options. 

If you are facing criminal drug charges, seek an experienced Virginia drug possession lawyer at American Lawyers Group.