Possession of a Controlled Substance in Virginia

Drug offenses are considered as serious crimes in Virginia, and heavy fines and penalties are imposed on the ones found in possession of such drugs. The State has divided the drugs into 6 categories depending upon their nature. These categories are called ‘schedules’, and the schedule of a drug is determined by its potential of misuse, the risk of dependency and utilization in the field of medicine.

Classification of Drugs into Schedules as per the Law in Virginia

  1. Schedule 1
  2. Schedule 2
  3. Schedule 3
  4. Schedule 4
  5. Schedule 5

How are the Controlled Substances Classified as Per the Law in Virginia?

1.      Schedule 1 Drugs

Drugs that come under this category pose the highest risk of dependency and are not acceptable for use in the medical field. A few examples of controlled substances that fall under Schedule 1 include:

  1. Heroine
  2. Acetyl fentanyl
  • Alphacetylmethadol
  1. LSD
  2. Acetorphine
  3. Benzethidine
  • Betameprodine
  • Betamethadol
  1. Cyprenorphine
  2. Desomorphine

2.      Schedule 2 Drugs

Drugs that fall under this category pose a lesser risk of dependency than Schedule 1 drugs – but are still considered extremely harmful. A few examples of drugs that fall under Schedule 2 include:

  1. Cocaine
  2. Meth
  • PCP
  1. Methadone
  2. Methamphetamine
  3. Methyl benzoylecgonine
  • Crack
  • Morphine methyl ester
  1. Methyl morphine
  2. Adderall

3.      Schedule 3 drugs

Drugs that fall under the Schedule 3 category are less addictive than schedule 2 drugs, but have the potential to be abused and can be harmful to the mental as well as physical well-being of an individual. A few examples of Schedule 3 controlled substances include:

  1. Anabolic Steroids – Drugs used for bodybuilding
  2. Tylenol
  • Codeine
  1. Anabolex
  2. Pesomax
  3. Subutex
  • Alurate
  • Buprenex
  1. Temgesic
  2. Soneryl

4.      Schedule 4 Drugs

This category includes prescription drugs that have the potential of becoming an addiction with constant use. Moreover, these can negatively impact an individual’s health, but they are not known to be lethal. Controlled Substances falling under this category include the following:

  1. Musaril
  2. Restoril
  • Centrax
  1. Detaril
  2. Fastin
  3. Adipex-P
  • Zantryl
  • Periclor
  1. Talacen
  2. Myolastan

5.      Schedule 5 Drugs

These drugs do not have any significant impact on an individual’s body and pose the lowest risk of dependency. Schedule 5 drugs include cough syrups and other medicines. A few example of drugs falling under this category include:

  1. Centroton
  2. Thymergix
  • Phenergan with codeine
  1. Robitussin Ac
  2. Ambenyl
  3. Ambophen
  • Calcidrine
  • CapCof
  1. Dimetane DC
  2. EndaCof-DH

According to the law code of Virginia, Section 18.2-250 – Possession of Controlled Substances, any individual found in the possession of illegal drugs without a valid or authentic prescription will be punishable by the State. Heavy fines and penalties will be inflicted on the offender.

Distribution or manufacturing of illegal drugs is also considered a serious offence in Virginia, as per the code section 18.2-248.01, ‘Transporting Controlled Substances into Virginia’ – “Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $ 1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.”