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When does drug possession become a felony?

On Behalf of | Jan 15, 2025 | Criminal Defense |

Drug possession laws in Virginia are strict and can lead to serious consequences. While some cases involve misdemeanor charges, others escalate to felonies. Understanding when drug possession becomes a felony can help you navigate these laws more effectively.

Understanding drug schedules in Virginia

Virginia classifies drugs into six schedules based on their potential for abuse and accepted medical use. Schedule I drugs, such as heroin and LSD, have the highest risk of abuse and no medical use. Schedule VI drugs, like certain over-the-counter medicines, have a low risk of dependency. The classification of the drug plays a significant role in determining whether possession is treated as a misdemeanor or a felony.

Possession of Schedule I and II drugs

Possession of a Schedule I or II drug is automatically a felony in Virginia. Examples include cocaine, methamphetamine, and fentanyl. A felony conviction for simple possession can result in one to ten years in prison and significant fines. Courts may allow probation or treatment programs for first-time offenders, but the felony charge remains.

Aggravating factors leading to felony charges

Even if the drug falls under a lower schedule, other factors can elevate the charge to a felony. Possession with intent to distribute, possession of large quantities, or possession near a school or daycare can lead to harsher penalties. Repeat offenses also increase the likelihood of felony charges.

Virginia’s approach to drug possession

Recent changes to the state’s law emphasize treatment and rehabilitation for certain drug-related offenses, but felony possession still carries serious consequences. Judges may consider alternative sentencing options, such as diversion programs, but these vary by case and jurisdiction.

Know the risks and consequences

Drug possession can quickly escalate to a felony charge. Being aware of these laws and the potential penalties is essential for avoiding life-changing consequences. Always prioritize informed choices to protect your future.

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