Charged with Felony Possession of a Controlled Substance in Virginia? Here’s What You Need to Know

What is Considered Felony Drug Possession in Virginia?

Under Virginia Code § 18.2-250, it is illegal to knowingly possess a controlled substance without a valid prescription. The severity of the charge depends on the type of drug involved, which is categorized into drug schedules based on federal and state laws.

Felony vs. Misdemeanor Drug Possession

• Schedule I & II Drugs (Felony Possession) – These drugs have a high potential for abuse and no or limited medical use.
  • Examples: Heroin, LSD, Ecstasy (MDMA), Cocaine, Methamphetamine, Oxycodone, Fentanyl, Morphine
  • Penalty: Up to 10 years in prison and a fine of up to $2,500.
• Schedule III, IV, V, VI Drugs (Misdemeanor or Lower Penalty Felony Possession) – Less addictive drugs with recognized medical uses.
  • Examples: Steroids (Schedule III), Xanax (Schedule IV), Cough medicines with codeine (Schedule V)
  • Penalty: Can range from a Class 1 misdemeanor to a lower-level felony with reduced sentences.

Enhanced Charges: Possession with Intent to Distribute

If law enforcement suspects you were planning to sell or distribute drugs, the charge could be upgraded to possession with intent to distribute (PWID)—which carries even harsher penalties, including mandatory minimum sentences.

Penalties for Felony Drug Possession in Virginia

A first-time felony drug possession charge is punishable by:

• 1 to 10 years in prison (or up to 12 months in jail if treated as a lesser felony)
• Up to $2,500 in fines
• Driver’s license suspension (6 months mandatory)
• Permanent criminal record, which can impact employment, housing, and education opportunities

For repeat offenses, penalties increase, including longer prison sentences and additional fines.

Defenses Against Felony Drug Possession Charges

If you're charged with felony possession of a controlled substance, a skilled Virginia drug defense lawyer can help challenge the case using various legal defenses, including:

• Illegal Search & Seizure – If the police violated your Fourth Amendment rights, evidence may be thrown out.
• Lack of Possession – If the drugs were not on your person or you had no knowledge of them, your attorney can challenge the charge.
• Medical Necessity or Valid Prescription – If you had a legitimate prescription, the case may be dismissed.
• Substance Misidentification – Lab testing is required to confirm the substance’s classification. Mistakes can happen.

Can You Avoid Jail Time?

Virginia offers first-time offender programs that may allow deferred sentencing for non-violent drug possession charges. Under Virginia’s 251 program, you may be eligible for:

• Drug treatment programs instead of jail
• Dismissal of charges upon successful completion of probation
• Avoiding a felony conviction on your record

What Should You Do If You’re Facing a Felony Drug Possession Charge?

1. Remain Silent – Do not admit guilt or answer police questions without a lawyer.
2. Contact a Criminal Defense Attorney – The sooner you get legal representation, the better your chances of reducing or dismissing the charges.
3. Explore Your Legal Options – Your attorney can evaluate defenses, negotiate for lesser charges, or seek alternative sentencing.

Final Thoughts

A felony possession of a controlled substances virginia is life-altering, but an experienced criminal defense lawyer can help you fight the charges and protect your future.

If you or a loved one has been charged, don’t wait—consult a Virginia drug possession lawyer today to discuss your defense options.