Everyone are aware of Virginia’s strict laws, rules, and regulations. They are quite harsh and straightforward where penalties are associated with almost every type of crime. When we talk about Warren Virginia Narcotics laws, the penalties are decided depending on the drug crime, drug type, and the amount involved in the offense. In this article, we will be covering multiple distinctions made between different levels of controlled substances.
Bringing/Carrying Controlled Substances in Virginia
This narcotics law is stated under Section 18.2-248.01 which defines that the individual will be charged with a drug offense if they are found guilty for transporting controlled substances in to Virginia with an intention to either distribute or sell. If a person is found carrying at least one ounce of cocaine which is an ounce of Schedule I controlled substance or at least five ounces of marijuana which is a Schedule II controlled substance, they will be labeled as convicted felons. According to the narcotics law, an individual will be sentenced imprisonment for five to 40 years and a fine of up to $1 million. The mandatory minimum sentence of imprisonment is three years for this drug crime. In case the individual has been convicted before as well for this violation, the overall penalties will remain same, but the mandatory minimum jail time will be increased to 10 years.
Possession of Controlled Substances
Possession of controlled substances can be found under Section 18.2-250 which makes it illegal for an individual to be in possession of a controlling substance knowingly or purposefully. In addition, if a person is carrying controlled substance without a valid prescription, the following penalties are implemented:
- A person found having possession of Schedule I or II controlled substance will be labeled as a Class 5 felony. In this, the jury might sentence imprisonment for one to 10 years. The penalties could also be determined as per the discretion of court trying the case. In this situation, the offender will be fined up to $2,500 and up to 12 months in prison.
- Possession of a Schedule III controlled substance is considered as a Class 1 misdemeanor.
- Possession of a Schedule IV controlled substance is considered as a Class 2 misdemeanor in which the offender is sentenced jail time of up to six months and a fine of up to $1,000.
- Possession of a Schedule V controlled substance is considered as a Class 3 misdemeanor in which a fine of up to $500 is charged.
- Possession of a Schedule VI controlled substance is considered as a Class 4 misdemeanor where the jury may sentence a $250 fine.
Possession of Marijuana
Under Section 18.2-250.1, an individual found in possession of marijuana knowingly or have obtained it without a valid prescription is an offender. It is illegal to possess marijuana where the first time offender will face a misdemeanor punish – imprisonment of up to 30 days and/or a fine of up to $500.