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Virginia Drug Possession Law

Virginia Drug Possession Defense

What you're facing under 18.2-250, how the penalties scale, and the questions your attorney needs to answer, specific to Virginia (VA) law.

Offense Class

Class 5 Felony (Schedule I/II); Class 1 Misdemeanor (Schedule III); Class 2 Misdemeanor (Schedule IV); Class 3 Misdemeanor (Schedule V/VI)

Maximum Penalty

10 years (Schedule I/II); 12 months (Schedule III); 6 months (Schedule IV)

Maximum Fine

$2,500

Penalty Range in Virginia

Statute18.2-250 — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty10 years (Schedule I/II); 12 months (Schedule III); 6 months (Schedule IV)
Maximum Fine$2,500

Charge Enhancements

These factors can elevate the charge or penalty in Virginia:

  • Possession near a school (enhanced penalties under § 18.2-255.2)

Virginia-Specific Detail

Virginia decriminalized simple marijuana possession. Schedule I/II possession (cocaine, heroin, meth, fentanyl) remains a Class 5 Felony but can be treated as a misdemeanor at court discretion.

Is your Virginia drug case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to drug-possession cases. Takes 2 minutes. Instant results.

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Virginia defendants.

Important: This page provides legal INFORMATION about Virginia drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.