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Criminal Penalties for Possession of Drugs

Virginia Code Section § 18.2-250 assigns possession of a Schedule I or II Controlled Substance as a Class 5 felony which can lead to 2-10 years in prison and/or a fine of up to $2,500. Schedule I Controlled Substances include heroin, cocaine, LSD and methamphetamine. Possession of Schedule III or IV Controlled Substances are Class 1 and 2 misdemeanors and can lead to sentences of up to 12 and 6 months respectively, as well as fines of up to $2,500 and $1,000 respectively. Possession of Schedule V or VI Controlled Substances are Class 3 and 4 misdemeanors and can lead to fines of up to $500 and $250 respectively.

Virginia Code Section § 18.2-250.1 defines anyone found in possession of marijuana as guilty of a misdemeanor if the amount is less than ½ ounce and they will be sentenced to up to 30 days in jail and/or a fine of up to $500. Second offenses (or if the amount is greater than ½ ounce) will face more severe penalties ranging from up to 12 months in jail to 2-10 years in jail and a $2,500 fine. 

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