Possession of a Controlled Substance in Chesterfield Virginia

Controlled substances are mostly illegal drugs that are harmful to the health of a person, however, they can also be prescription drugs that are sold at dispensaries or pharmacies for treatment. The prescription medicines that are considered controlled substances cannot be purchased like regular over the counter drugs, there are specific rules that you need to follow when it comes to this.

Controlled substances can be divided further into five categories depending on their addictiveness or the level of risk they present for abuse. Schedule I drugs have the highest potential for abuse and have absolutely no medical use. Schedule V has the lowest risk of potential abuse and they do have medical value; cough syrups containing codeine are a good example of this.

What are considered to be controlled substances?

The following list includes some common controlled substances depending on their schedule

  • Schedule I (Va. Code 54.1-3446) – heroin, LSD, magic mushrooms and ecstasy
  • Schedule II (Va. Code 54.1-3448) – cocaine, meth, oxycodone and Adderall
  • Schedule III (Va. Code 54.1-3450) – Tylenol, codeine, ketamine and anabolic steroids
  • Schedule IV (Va. Code 54.1-3452) – Xanax, Soma, Valium, Restoril, and Ativan
  • Schedule V (Va. Code 54.1-3454) – Phenergan, parepectolin, ezogabine and Robitussin AC

What are the punishments for possessing a controlled substance?

If you are in possession of these particular kind of drugs then you will receive the following punishments and penalties

  • Schedule I & II – Considered a Class 5 felony, this is punishable by up to 12 months in jail, a fine of up to $2,500 and prison time that can range from one year to 10 years, depending on the jury.
  • Schedule III – With up to 12 months of jail time and a fine of $2,500, this is considered a Class 1 misdemeanor.
  • Schedule IV – Punishable by up to six months in jail and a fine of $1,000, this a mere Class 2 felony.
  • Schedule V – The most minor of such offenses, this is a Class 3 demeanor, punishable by only up to $500.

What is the intent behind possession of controlled substances?

It is a criminal offense in Virginia to manufacture or distribute controlled substances that is if the person is found guilty. In order to do so, three things must be proved in court:

  • The person is/was in possession of such substances
  • The substance was without a doubt a controlled drug
  • The person did intend to manufacture or sell the substance

What are the punishments and penalties for distributing controlled substances?

If you are found guilty of manufacturing, sale or distribution of controlled substances then you will be punished through the following means:

  • Schedule I & II – It is punishable by up to 5 to 40 years in prison and a hefty fine of $500,000.
  • Schedule III – Considered a class 5 felony that is punishable by a fine of $2,500 and up to 10 years in prison.
  • Schedule IV – This is a Class 6 felony punishable by a fine of $2,500 and almost 5 years in prison.
  • Schedule V – With the least amount of time in prison, which is only up to 12 months, this Class I crime calls for a fine of almost $2,500.