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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

Virginia law is tough on users and distributors of illegal substances. Convictions can result in prison sentences, hefty fines, and license suspensions. Additionally, drug-related convictions can impact employment or job opportunities, eligibility for public benefits, housing, and other areas of your life.

At Whitlock Law, we will take the unique facts and circumstances of your case into account so that we can put up a strong defense on your behalf. Our Virginia criminal defense lawyers can help you strategize and negotiate for the best possible outcome in your case.

First Offense Drug Possession

If you have never been charged with drug possession before in Virginia, you may be eligible for deferred disposition under Va. Code 18.2-251. The Commonwealth’s "251" disposition can help you avoid a conviction 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 this program will result in a conviction, so it is important that you successfully complete the probation and all sanctions the Court orders. An experienced criminal defense attorney, such as those at Whitlock Law, can help you secure a drug diversion program on your first offense, sparing you from a criminal record.

Other Drug Possession Charges

If you have a history of drug possession offenses, you still may be eligible for a deferred disposition if your attorney can negotiate one under Va. Code 19.-298.01 or otherwise negotiate a lesser charge or sentence. An experienced criminal defense attorney can assist in both attacking the prosecution’s case and linking you with drug treatment services and providers to help you address the root cause of your legal problem.

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, paraphernalia, weapons, or cash 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 work to have the charge reduced or dropped.

Meet With a Loudoun County, VA Drug Crimes Defense Attorney Today

The penalties for drug possession in Virginia can vary wildly. A Loudoun County, VA criminal defense lawyer at Whitlock Law can strategize with you to reach a favorable outcome. To schedule a consultation, call our offices at 703-576-5005 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

First Offense Drug Possession

Other Drug Possession Charges

Possession With Intent to Distribute

Meet With a Loudoun County, VA Drug Crimes Defense Attorney Today

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