Schedule I Controlled Substance Charges in Virginia

Controlled Substances in Virginia are divided into 6 Schedules based on their potential for abuse, risk of dependence and accepted medical use.  Schedule I controlled substances in Virginia are the most dangerous and, as a result, Schedule I controlled substance charges in Virginia have some of the harshest penalties.  Va. Code §54.2-3445 states that Schedule I controlled substances in Virginia have a high potential for abuse, NO accepted medical use, and lack accepted safety for use in treatment under medical supervision.  Common Schedule I controlled substances in Virginia include Heroin, LSD and Ecstasy.  For a full list of Schedule I controlled substances in Virginia, see Va. Code §54.1-3446.

Schedule I Controlled Substance Charges in Virginia

Below are common Schedule I Controlled Substance charges in Virginia, including the penalties for first and multiple offenses.

Possession of Schedule I Controlled Substance Charges in Virginia (Va. Code §18.2-250) are punished with up to 10 years in prison and a fine up to $2500.

Possession with Intent to Distribute, Sell, Give or Manufacture Schedule I Controlled Substance Charges in Virginia (Va. Code §18.2-248)

• First offense: 5-40 years in prison and fine up to $500,000.
• Second Offense: Mandatory minimum, consecutive term of 5 years up to life in prison and a fine up to $500,000.
• Third Offense: Mandatory minimum of 10 years up to life in prison and a fine up to $500,000.

Distributing, Selling, Giving, or Manufacturing Schedule I Controlled Substance Charges in Virginia (Va. Code §18.2-248)

• First Offense:  5-40 years in prison and a fine up to $500,000.
• Second Offense: Mandatory minimum prison sentences of 5 years up to life in prison and a fine as high as $500,000.
• Third offense: Mandatory minimum prison terms of 10 years and can be punished with up to life in prison and a fine up to $500,000.

Distribution of Schedule I Controlled Substance Charges in Virginia Involving Minors (Va. Code §18.2-255(A))

• Distributing a Schedule I Controlled Substance to a minor who is at least 3 years younger than the offender is punished with 5-50 years in prison and a fine up to $100,000.
• Causing Minor to Distribute Schedule I Controlled Substance Charges in Virginia (Va. Code §18.2-255(A)(ii)) are punished with 10-50 years in prison and a fine up to $100,000.

Possession with Intent to Distribute, Sell or Manufacture Schedule I Controlled Substance Charges in Virginia on School and Public Property (§18.2-255.2(B))

• First Offense: Up to 5 years in prison and a fine up to $100,000.
• Second Offense (involving a Schedule I, II, II controlled substance or more than one half ounce of marijuana): Up to 5 years in prison with a mandatory minimum of 1 year, as well as fine up to $100,000.

Distributing, Selling, or Manufacturing Schedule I Controlled Substance Charges in Virginia on School or Public Property (Va. Code §18.2-255.2(B))

• First Offense: Up to 5 years in prison and a fine up to $100,000.
• Second Offense (involving a Schedule I, II, II controlled substance or more than one half ounce of marijuana): 1-5  years in prison and a fine up to $100,000.

Importation of Schedule I Controlled Substance Charges in Virginia (Va. Code §18.2-248.01) 

• First Offense: Mandatory minimum of 3 years in prison up to 40 years in prison and a fine up to $1,000,000.
• Second Offense: Up to life in prison with a mandatory minimum, consecutive term of 10 years and a fine up to $1,000,000.

For more information on Importation of Schedule I Controlled Substance Charges in Virginia, click here.

Increased Penalties for Offenses Involving Specific Schedule I Controlled Substances in Virginia

Specific Schedule I Controlled Substances in Virginia have increased penalties if the offender possessed large amounts.

• Heroin: Manufacturing, selling, giving or distributing 100 grams or more of a mixture or substance containing heroin (Va. Code §18.2-248(C)(1)) is punished with up to life in prison, with a 5 year mandatory minimum to be served consecutively with any other sentence.  Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give or distribute more than 1 kilo of a mixture or substance containing heroin is punished with a mandatory minimum of 20 years in prison up to life in prison and a fine up to $1,000,000.  See Va. Code §18.2-248(H).
• Flunitrazepam: Va. Code §18.2-251.2 states that possession and distribution of flunitrazepam will be punished as if it were a Schedule I Controlled Substance.   Possession of Flunitrazepem is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.  See Va. Code §18.2-250(A)(a).  Distributing, selling, giving or manufacturing Flunitrazepam or Possession of Flunitrazepam with Intent to Distribute, Sell, Give or Manufacture (Va. Code §18.2-248(C)) is punished with 5-40 years in prison and a fine up to $500,000 for a first offense.  A second offense is punished with up to life in prison and a 3 year mandatory, consecutive minimum and  a fine up $500,000.  A third offense is punished with up to life in prison and a mandatory minimum of 10 years and a fine up to $500,000.

 

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***