The charges a person can face in VA due to a controlled substance can be due to the possession of controlled substance, having the intentions to distribute it, and transporting it to different positions. The penalties and the chares for all these can depend upon many factors such as the criminal record of the offender, the quantity of the controlled substance, and the state in which it is distributed. The increased penalties can be due to the increased amount of controlled substance. In this article, possession of controlled substance as a class 5 felony will be discussed in detail. Let’s have a look at it.
Definition of Controlled Substance in VA
The section code in which the controlled substance is defined is 54.1-3401 and according to it, it is a drug, immediate precursor, and substance that is scheduled 1 through VI in the Drug Control Act. There are many classifications of controlled substances in VA and all these are based on their perspective for abuse and accepted medical use. The penalties are also different as they depend on the schedule. The potential of abuse is greater in controlled substances which belong to schedules I and II. So the substances belonging to these schedules have higher penalties.
Possession of Controlled Substance in VA
The section code which defines the penalties for possession of controlled substance is 18.2-250. To prosecutor must prove that the offender has possessed the controlled substance intentionally and knowingly. The prosecutor must also prove that the substance that is being in discussion in the court is a controlled substance according to the Drug Control Act. Possession of the controlled substance is charged according to the schedule and it is discussed below in detail.
- It will be the conviction of Class 5 felony if the person possesses the controlled substance of schedule I and Schedule II. The punishment will be about 10 years in jail and the possible fine will be USD 2500.
- The possession of the control substance belonging to Schedule III will be a class 1 felony and the punishment will be up to 12 months in jail and the possible fine is USD 2500.
- Possession of controlled substance present in schedule IV is a Class 2 felony and the charge is about 6 months in jail and USD 2500 fine.
Intention to Distribute, Manufacture, and Sell the Controlled Substance
The section code which defines the possession of the controlled substance with an intention to sell, manufacture, and distribute is 18.2-248. The prosecutor must prove the possession of the controlled substance along with intentions to distribute, sell, and manufacture. It must also be proved that the substance was actually a controlled substance.
The term possession is referred to as keeping the substance knowingly and intentionally. There must be a commercial evidence to prove the distribution. The packaging and the quantity also describe the distribution of the controlled substance. For the distribution of schedule I controlled substance, the person will be sent to jail for 5-40 years in jail and the fine will be USD 500000.