Under Virginia law, controlled substances are categorized into five different schedules based on numerous factors, including the likelihood they will be abused, their impact on public health, and other criteria. Schedule I drugs are those that are more likely to be abused and have no medical use, including heroin and LSD, while Schedule V drugs, like cough medicine, have a valid medical use and low potential for abuse.

Drug offenses can be charged as misdemeanors or felonies depending on the nature of the defendant’s alleged actions and the kind and quantity of the drug involved. The three most common types of drug crimes in Virginia are possession, distribution, and manufacturing.

For instance, Virginia law prohibits individuals from knowingly or intentionally possessing controlled substances unless permitted by law. Those arrested for possession of a Schedule V drug may face Class 3 misdemeanor charges, which carries the penalty of a fine of up to $500. People charged with possession of Schedule I or II narcotics such as cocaine or methamphetamine, however, typically face felony charges. The penalties for these convictions can be severe, ranging from potential imprisonment for up to ten years and fines of up to $2,500.

Manufacturing, distributing, or possessing with the intent to distribute controlled substances without legal permission is also prohibited in Virginia. Similar to possession offenses, a person convicted of distributing, manufacturing, or possessing with the intent to distribute Schedule I or II narcotics may face substantial penalties. These penalties can include imprisonment and fines and largely depend on the type and quantity of the drug involved. For example, the sale of larger amounts can result in sentences of up to life in prison and fines of up to $1,000,000.