There has to be some evidence that you exercised control over the illegal substance.
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Virginia courts have said that simply being near an illegal drug, or its presence in your car or apartment, isn’t enough to presume you were in possession. But you do have to know that it contains an illegal substance. You don’t have to know specifically that the drug is cocaine. It just has to be within your control, and you have to know what the drug is.
CODE OF VA DRUG DISTRIBUTION CODE
Dozens of drugs are listed as Schedule I substances in Virginia Code §54.1-3446. A drug also may be listed as a Schedule I substance if it’s considered unsafe for supervised medical use. Schedule I Substances – A Schedule I substance in Virginia is defined as one with a high potential for abuse and that has no accepted medical use in the United States.Many are ones that can be prescribed, such as opioid painkillers, but others are street drugs that are illegal to possess no matter the circumstances. These are drugs generally considered those with a high potential for addiction or abuse, and with little or restricted medical value. Provision (a) of that statute makes it a felony to possess any substance listed as a Schedule I or Schedule II substance under the state’s Drug Control Act. Virginia Code §18.2-250 makes it illegal to knowingly or intentionally possess a controlled substance without a valid prescription. Possessing certain kinds of drugs in Virginia is considered a felony crime. An experienced drug attorney can help explore the facts of your case and the best options for your defense. Sometimes a small detail can be the difference in getting your case dismissed, or in having a less serious misdemeanor conviction instead of a felony. Drug cases can be complicated and can hinge on legal nuance. A valid prescription may be a defense to charges you were in possession of certain drugsīeing convicted of felony drug possession can carry serious consequences, often requiring help from qualified drug lawyers in VA in order to potentially avoid years in prison and thousands of dollars in fines and costs, not to mention a criminal record that can affect your ability to get a job or a place to live.You also may have a defense if you didn’t know what the drug was.
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If you didn’t know the drug was in your possession or in your home or car, you may have a defense.Penalties include a maximum 10-year prison sentence and $2,500 fine.Virginia makes it a felony to knowingly and intentionally possess a Schedule I or Schedule II drug.But exactly what drug possession means isn’t always cut and dried, and defenses may be available to you. Felony drug possession in Virginia is a serious offense that upon conviction can result in a lengthy prison sentence and thousands of dollars in fines.