Potential penalties for controlled substance possession vary depending on the classification of the drug and the amount in possession. When you face prosecution for drug possession, a Virginia drug crime attorney can provide a vigorous defense to protect your rights.
Under Virginia Code Chapter 34 Drug Control Act, different classifications of drugs, called schedules, are subject to penalties that increase in harshness based on the nature of the drug. The law classifies the most serious drugs as Schedule I drugs and the least serious as Schedule VI. Schedule I is the most serious classification because of the drug’s associated abuse and the user’s dependence. Schedule I includes drugs such as LSD and heroin. Schedule II includes PCP, cocaine, methadone, and methamphetamine. Schedules III through V are drugs used as medicines, and illegal possession penalties decrease with each schedule based on decreasing abuse and likelihood of addiction. Schedule VI drugs are not drugs as such, but can be used as drugs and include substances found in paint and glue. Marijuana possession that involves less than a one-half ounce and is the first offense is a misdemeanor carrying potential penalties of 30 days in jail and a $500 fine. A second or subsequent offense is also a misdemeanor, but with potential penalties of up to one year in jail and a $2500 fine. Possession of amounts between a one-half ounce and five pounds with the intent to distribute become felony charges and sentencing can range from one to 10 years in prison.
Obtaining an experienced Staunton, VA possession lawyer is vital for your defense and protecting your rights.
The Alleman Law Group, PLC handles drug crime cases aggressively and can challenge charges based on procedural grounds, such as illegal searches and traffic stops.