Imitation Controlled Substances

imitation controlled substance in VirginiaAn imitation controlled substance in Virginia is a substance that mimics the appearance of a controlled substance.  An imitation controlled substance can be either a counterfeit controlled substance or a pill, capsule, tablet, or substance in any form which is not a controlled substance subject to abuse.

  • Counterfeit Controlled Substance: Va. Code §18.2-247(E) states that a counterfeit controlled substance is “a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug.”  For more information on counterfeit controlled substances in Virginia, click here.
  • Not a Controlled Substance Subject to Abuse: Controlled substances are divided into 6 schedules, or levels, based on their potential for abuse and accepted medical use.  An imitation controlled substance can be a a pill, capsule, tablet, or substance in any form which is not a controlled substance subject to abuse.

For more information on controlled substances subject to abuse, click here.  For more information on the 6 schedules of controlled substances in Virginia, click here.

Proof A Substance is An Imitation Controlled Substance in Virginia

To convict an offender of a charge involving an imitation controlled substance in Virginia, the Commonwealth must prove that the substance is either:

  • a counterfeit controlled substance or
  • a pill, capsule, tablet or substance in any form that is not a controlled substance subject to abuse, and

The Commonwealth must also prove that the substance, pill, capsule, or tablet:

  • would be mistaken for a controlled substance based on its appearance or packaging, or
  • purports to act like a controlled substance as a stimulant or depressant of the central nervous and which is not commonly used for any purpose other than central nervous system stimulant or depressant.
Imitation Controlled Substance Charges in Virginia

Selling, Distributing, Giving or Manufacturing an Imitation Controlled Substance: It is a Class 6 felony under Va. Code §18.2-248(G) to sell, distribute, give or manufacture an imitation controlled substance in Virginia that imitates a schedule I, II, III, or IV controlled substance.

Possession with Intent to Distribute an Imitation Controlled Substance: It is a Class 6 felony under Va. Code §18.2-248(G) to possess an imitation controlled substance with an intent to sell, distribute, give, or manufacture an imitation controlled substance in Virginia that mimics a schedule I, II, III, or IV controlled substance.

Distribution of an Imitation Controlled Substance on Certain Property: Va. Code §18.2-255.2 provides that manufacturing, selling or distributing an imitation controlled substance on certain property or possessing an imitation controlled substance on certain property with an intent to sell, give or distribute is a separate and distinct offense.  This means that the offender can be charged with and punished for this crime in addition to any other drug crime related to the same conduct.  The property covered by this statute includes schools, public property within 1000 feet of a school, a school bus, at a school bus stop or within 1000 feet of property open to public use of a school bus stop when students are being picked up or dropped off, a public rec center, public library, a state facility or within 1000 feet of a state facility.  This offense is punished with 1-5 years in prison and a fine up to $100,000.  

Distribution of an Imitation Controlled Substance in Virginia to a Minor: It is a Class 6 felony under Va. Code §18.2-255(B)(i) for anyone over 18 to distribute an imitation controlled substance to a minor under 18 if the minor is at least 3 years younger than the offender.  This crime is punished with up to 5 years in prison and a fine as high as $2500.  

Causing Minor to Assist in Distribution of Imitation Controlled Substance in Virginia: If a person over the age of 18 causes a minor under 18 (who is at least 3 years younger) to distribute an imitation controlled substance, he has committed a Class 6 felony under Va. Code §18.2-255(B)(ii).  This offense is punished with up to 5 years in prison and a fine up to $2500.

Advertising Imitation Controlled Substances: It is a Class 1 misdemeanor under Va. Code §18.2-248.4 to knowingly sell, display for sale, or distribute a book, pamphlet, or other printed material which the offender knows is intended to promote the distribution of an imitation controlled substance.  This crime is punished with up to 12 months in jail and a fine up to $2500.