POSSESSION OF A CONTROLLED
SUBSTANCE (DRUG POSSESSION) CRIMES
IN VIRGINIA.

Va. Code § 18.2-250 makes it illegal to possess any controlled substance in Virginia without a valid prescription.

The vast majority of street drugs are Schedule I/II drugs. Prescription drugs that are used recreationally are Schedule II, III, IV and V. Schedule VI drugs include all remaining prescription drugs that are not in one of the other schedules. Schedule VI drugs are generally prescription drugs that have no recreational value.

How Can the Police Prove I was in Possession of a Controlled Substance?

Possession of a controlled substance is different than ownership? You can own something that you don’t possess and you can possess something that you don’t own. In Virginia owning drugs is not illegal, possessing drugs is a crime.

Possession of controlled substances occurs when drugs are in your “dominion and control”. Dominion and control means that you have the power to do what you want with the drugs. Possessing drugs requires:

That you knew that you were in possession of drugs, AND
that you knew what you were possessing were drugs.

Being close to drugs is not enough to prove possession of drugs in Virginia. Finding drugs in someones car or home is also not enough to prove drug possession in Virginia. The police must prove that the defendant knew the drugs were there and knew that the substance they possessed was drugs.

The typical way that the police prove drug possession is through confessions or circumstantial evidence. For example: The police can prove that you knew that there were drugs in you car if the drugs were in plain sight and they can prove that you knew what the drugs were based on your statements to the police.

However, if the police find drugs in your car and you do not confess to knowing the drugs were there, it is very difficult to prove possession without strong circumstantial evidence.

Penalties for Possession of a Controlled Substance in Virginia.

These are the penalties for possession of a controlled substance in Virginia:

Possession of a Schedule I or II drug is a Class 5 felony with up to 10 years in prison and a $2,500 fine.
Possessing a Schedule III drug is a Class 1 misdemeanor with up to 12 months in jail and a $2,500 fine.
Possession of a Schedule IV drug is a Class 2 misdemeanor with up to six months in jail and a $1000 fine.
Possession of a Schedule V drug is a Class 3 misdemeanor with a maximum fine of $500.
Possession of a Schedule VI drug is a Class 4 misdemeanor with a maximum fine of $250.

If you are charged with possession of a controlled substance in Virginia call Nichols & Green PLLC for a free consultation (703) 383-9222.

The lawyer of Nichols & Green PLLC have plenty of experience defending people charged with possession of a controlled substance in Northern Virginia. Luke Nichols and Garrett Green have been defending criminal cases in Northern Virginia for many years and they have defended hundreds of people in court. Mr. Nichols and Mr. Green are also the authors of the Virginia Drug Crimes Defense Manual and they have researched and written much on the subject of possession of controlled substance law in Virginia.

If you are charged with possession of a controlled substance in Virginia and you would like to speak to Mr. Nichols and Mr. Green, call (703) 383-9222 to speak these lawyers about your case as part of a free consultation.