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Virginia has strict laws to punish Drug Possession. The penalties range from a Class 4 misdemeanor up to a Class 5 felony depending on the type of drug possessed. Virginia Code Section § 18.2-250 contains the punishments for drug possession.


a). Schedule I or II drug possession is a Class 5 felony with a maximum 10 years in prison and $2,500 fine. The most common Schedule I or II controlled substances are Heroin, Cocaine, LSD, morphine and Methamphetamine.


b). Schedule III drug possession is a Class 1 misdemeanor with a maximum of 12 months in jail and a fine of $2,500. Some common Schedule III controlled substances are Ketamine, Vicodin, and Anabolic Steroids.


c). Schedule IV drug possession is a Class 2 misdemeanor with a maximum of 6 months in jail and a $1,000 fine. Some common Schedule IV controlled substances are Alprazolam (Xanax), Klonopin, and Valium.


d). Schedule V drug possession is punished as a Class 3 misdemeanor with a maximum fine of $500.


e). Schedule VI drug possession is a Class 4 misdemeanor with a maximum fine of $250. 


For a complete list of how each drug is scheduled CLICK HERE 




Currently under Virginia Code Section § 18.2-250.1 a first offense of Possession of Marijuana in Virginia is punishable up to 30 days in jail and a $500 fine. A second or subsequent conviction is punished as a Class 1 misdemeanor with a maximum of 12 months in jail and a $2,500 fine.



In Virginia, a first offender program is available for those charged with drug possession to have their charge dismissed. Virginia Code § 18.2-251 outlines the criteria by which first offenders may be placed on probation to have the charge dismissed.


In order to have their charge dismissed a defendant is required to complete a number of tasks, including:

  • Community Service Hours (24 hours for a misdemeanor and 100 hours for a felony drug possession charge); and

  • Complete a substance abuse evaluation; and

  • Comply with the recommendation of the substance abuse evaluation; and

  • Successfully complete and pass a number of random drug screens; and

  • License Suspension for 6 months, for which a restricted license can be requested.


When you enter into the program a review date will be set where you must return to the court for the judge to determine if you have successfully completed the program with no violations. If you have, then the charge will be dismissed, but expungement will not be available.



The consequences of a Drug Possession conviction in Virginia can be immense. The Pickett Law Group, PLLC is an experienced law firm with two generations of former prosecutors, who have handled numerous Drug Possession cases. We have successfully fought Drug Possession charges in Fairfax County, Arlington County, Loudoun County, and Prince William County. Contact us today for a free consultation.

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