Possession of Schedule I Controlled Substance
January 1, 2015 by Jean Humbrecht
Possession of a controlled substance in Virginia is punished based on how the drug is classified in the criminal code. Controlled substances are divided into 6 schedules based on their potential for abuse. Schedule I and II drugs have the highest potential for abuse and therefore the strictest penalties. Possessing a Schedule I or II Controlled Substance in Virginia is a felonies, and the other possession of controlled substance charges are misdemeanors. For more general information on possession of controlled substance charges in Virginia, click here.
This is the 1st post in a 6 part series discussing possession of controlled substances in Virginia. This post focuses on possession of a Schedule I controlled substance in Virginia and its penalties.
What is a Schedule I Controlled Substance in Virginia?
Va. Code §54.1-3445 states that a drug is a controlled substance in Virginia if:
- it has a high potential for abuse, and
- has no accepted medical use or lacks accepted safety for use in treatment
Common Schedule I Controlled Substances in Virginia
Common Schedule I Controlled Substances in Virginia include Heroin, LSD, ecstasy, Meth and MDMH. For a full list of all drugs considered Schedule I controlled substances in Virginia, click here.
Proof of Possession of Schedule I Controlled Substance in Virginia
To convict an offender of possession of Schedule I controlled substance in Virginia, the Commonwealth must prove knowing and intentional possession, and that the drug was a Schedule I controlled substance.
Knowing and intentional possession means that the offender knew that the substance was an illegal drug, knew it was present, and exerted dominion and control over the drug. Possession can be actual (the controlled substance was found on the offender’s person) or constructive (the controlled substance was found in close proximity to him). It is also possible for more than one person to possess the same controlled substance at the same time.
Proof that the drug is in fact a Schedule I Controlled Substance is usually introduced with results from lab tests conducted on the drugs that were found.
For more information on possession of a controlled substance in Virginia, click here.
Penalty for Possession of Schedule I Controlled Substance in Virginia
Possession of Schedule I Controlled Substance in Virginia is a Class 5 felony. It is punished with up to 10 years in prison, a fine up to $2500.