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Penalties and Diversion for Drug Possession in Virginia

Posted on February 12, 2025 in Criminal Defense

Fairfax, VA drug crimes defense lawyer If you are caught with illegal substances in Virginia, the law can come down hard on you. The penalties for a possession charge in Virginia will vary based on different factors and, depending on the circumstances of your case, a judge might be more lenient or strict with your sentencing.. At Whitlock Law, LLC, we will take the circumstances of your arrest into account so that we can put up a strong defense on your behalf. Our Virginia criminal defense lawyers can help you strategize around a drug possession charge and negotiate for the best possible outcome in your case.

Drug Schedules

Illegal substances are categorized into six different schedules in Virginia, with Schedule I substances being the most dangerous and addictive. Possession of a Schedule I or II substance like heroin, LSD, or cocaine is a Class 5 felony. This is a serious offense, punishable by up to 10 years in prison and a $2,500 fine.

On the other end of the spectrum, possession of a Schedule VI substance like an abusable "over the counter" drug is a Class 4 misdemeanor. This offense is only punishable by a fine of up to $250, but it will still result in a criminal record if convicted.

Possession With Intent to Distribute

If you are accused of possessing drugs with the intent to sell or distribute, you face much more serious felony charges. A conviction of this offense with a Schedule I or II substance can come with a 40-year prison sentence with a strict five-year minimum.

Even if you had no intent to distribute the drugs in question, police might still suspect you if you had large quantities of drugs that suggest more than personal use. Similarly, packaging material or a measuring scale may also be used as evidence of intent. Our attorneys can defend you against these allegations and petition to have the charge reduced or dropped.

First Offenders

If you have never been charged with drug possession before in Virginia, you may be eligible for an alternative sentence. The state’s "251 program" can help you avoid a guilty verdict as long as you obey the terms of probation. As part of these terms, you may be required to attend drug counseling or perform mandatory community service.

Violating the terms of the 251 program will result in a guilty verdict, so it is important that you understand exactly what is being asked of you. A criminal defense attorney can help you petition for a drug diversion program on your first offense, sparing you from a criminal record.

Meet With a Fairfax, VA Drug Possession Lawyer Today

The penalties for drug possession in Virginia can vary wildly. A Loudoun County, VA criminal defense lawyer at Whitlock Law, LLC can strategize with you to reach a favorable outcome. To schedule a consultation, call our offices at 301-565-1655 today.

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Cases Tried In:

Free Consultations | Maryland 301-565-1655 | Virginia 703-576-5005

Penalties and Diversion for Drug Possession in Virginia

Drug Schedules

Possession With Intent to Distribute

First Offenders

Meet With a Fairfax, VA Drug Possession Lawyer Today

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