VA Drug Laws Distribution Penalties 18.2-308.4(c)

An offender can receive separate charges with mandatory minimum and consecutive sentences for Virginia drug charges occurring on school or public property, drug charges involving minors, being involved in a continuing criminal enterprise distributing or manufacturing specific drugs, using a commercial vehicle while committing a drug felony or possessing a firearm while committing marijuana or controlled substance offenses.

An example of a low-level drug offense would be if someone were to be in possession of drug paraphernalia with no type of therapy or community service attached to that. Charges will inevitably depend on the type of drug an individual is accused of possessing. They can vary from a very low-level misdemeanor offense to a very serious felony offense. An example of a high-level drug crime would be if someone were to have attained a felony possession of some type of Schedule 1 substance, which is the most serious substance. The penalties for a drug charge including the possession of drug paraphernalia can vary within the state of Virginia.

If someone has a history of drug charges, then the drug charge will be treated more severely than if it had been their first time. Judges will give people second chances, but third and fourth chances are really hard to come by. If you did not learn the first time, you possibly may never learn in the eyes of the court.

Possession of Schedule I and II substances is a Class 5 felony and is punishable by imprisonment from 1 to 10 years and a fine of up to $2,500. These substances include heroin, methamphetamine, cocaine, and lysergic acid diethylamide.

Trafficking in the following amounts is punishable by imprisonment of 20 years to life and a fine of not more than $1 million:

  1. Heroin: 100 kg or more
  2. Cocaine: 500 kg or more
  3. Cocaine base: 1.5 kg or more

Virginia divides Controlled Dangerous Substances into six “Schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, V, and VI decrease in dangerousness and probability of abuse, and increase in recognized medical uses.

Heroin and its related opiates such as opium, morphine, and synthetic opioids are strictly illegal under U.S. and state laws. In Virginia, heroin is classified in accordance with federal drug laws, and is therefore considered to be a Schedule I drug under Virginia law. Virginia’s heroin laws are relatively harsh and simple possession can result in a 12-month jail sentence and/or $2,500 fine. First-time offenders may be eligible for the state’s drug abatement program, which provides treatment services and supervised probation instead of incarceration.

It is vital that if you are charged with Virginia Code Section 18.2-308.4 that you should contact a drug defense attorney who is skilled at defending clients charged with drug offenses and firearms violations.

If you need the help of a Virginia drug lawyer in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.

The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. drug attorney in Virginia, call us at 855-696-3348. B

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