Possession of Schedule II Controlled Substance
January 1, 2015 by Jean Humbrecht
What is a Schedule II Controlled Substance in Virginia?
Va. Code §54.1-3447 states that a drugs is a Schedule II controlled substance if:
- it has a high potential for abuse
- it has currently accepted medical use in treatment, and
- the abuse of this drug might lead to serious mental and physical dependence.
Common Schedule II Controlled Substances in Virginia
Proof of Possession of Schedule II Controlled Sibstance in Virginia
Penalty for Possession of Schedule II Controlled Substance in Virginia
Possession of Schedule II Controlled Substance in Virginia is a Class 5 felony. It is punished with up to 10 years in prison, a fine up to $2500.
Possession of Schedule II Controlled Substance in Virginia Statute
§ 18.2-250. Possession of controlled substances unlawful.
A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.
(a) Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony, except that any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof who violates this section with respect to a cannabimimetic agent is guilty of a Class 1 misdemeanor.