Drug Possession Defense Lawyers for Northern Virginia and Fredericksburg
The defense lawyers at Livesay & Myers, P.C. represent clients on drug charges of all types, including drug possession.
The maximum penalties for possession of a controlled substance in Virginia are high, and warrant hiring an experienced criminal defense lawyer. Many drug possession offenses have mandatory minimums, giving judges little discretion on sentencing. Moreover, any Virginia drug possession conviction can result in a suspension of your driver's license.
Drug Possession Penalties
Drug possession penalties in Virginia are based on the following drug classifications, or schedules:
| Class |
Examples |
Penalty |
| Schedule I |
Heroin, Ecstasy (MDMA), LSD, GHB. |
Class 5 felony: up to 10 years in prison; fines of up to $2,500 |
| Schedule II |
Cocaine, Methamphetamine (crystal meth) and other stimulants. Methadone, Ritalin, Morphine, PCP. |
Class 5 felony: up to 10 years in prison; fines of up to $2,500 |
| Schedule III |
Anabolic steroids, Codeine and Hydrocodone (Vicodin, Lorcet, Dolacet and others) with aspirin or Tylenol, Special K (Ketamine), some barbiturates and other depressants. |
Class 1 misdemeanor: up to 12 months in jail, fines of up to $2,500 |
| Schedule IV |
Many prescription drugs, e.g. Darvon, Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as well as other tranquilizers. |
Class 2 misdemeanor: up to 6 months in jail, fines of up to $1,000 |
| Schedule V |
Codeine based cough medicines. |
Class 3 misdemeanor: fines of up to $500 |
| Schedule VI |
Certain other controlled substances. |
Class 4 misdemeanor: fines of up to $250 |
Under Virginia law, possession of heroin, ecstasy, cocaine, meth, or other drugs classified as Schedule I or Schedule II is a felony. Possession of pot (marijuana), most prescription drugs, and drugs classified as Schedule III, Schedule IV, Schedule V or Schedule VI is a misdemeanor.
Charges of drug distribution, and/or possession with the intent to distribute carry even greater penalties than those shown above for simple possession.
Marijuana Possession
Marijuana is classified as a Schedule I drug under federal guidelines, which means it has a "high potential for abuse" and "no legitimate medical use." But unique among Schedule 1 drugs, marijuana has its own penalty structure under Virginia law. Per Virginia Code § 18.2-250.1, simple possession of marijuana is a misdemeanor, with a mandatory loss of driver's license for 6 months, along with a maximum penalty or 30 days in jail and a $500 fine for a first offense. A second or subsequent offense would be a Class 1 misdemeanor, subject to a maximum penalty of 12 months in jail and a $2,500 fine.
About Our Criminal Defense Lawyers
Ghislaine Storr Burks and Katie Mucklow are the lead drug defense lawyers at Livesay & Myers. These experienced, hard-working attorneys believe the building block for success in every trial is rigorous preparation. They believe in doing the hard work before trial necessary to give you the best chance to win in court. As a law firm, we believe in maintaining a proper client-to-attorney ratio, so that each of our defense attorneys have sufficient time to devote to each case. This policy translates to the best chance of success for each client.
Contact us to schedule your free consultation with an experienced Virginia criminal defense attorney today.
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