CRIMINAL DEFENSE ATTORNEY CASE RESULT:
Felony charge for Possession of Cocaine in Fairfax, Virginia, a Schedule II drug with a Class 5 felony penalty of 10 years in prison under VA Law 18.2-250, was REDUCED to a non-jailable ticket offense for Possession of a Schedule V – which is a class 3 misdemeanor with a maximum penalty of a $500 fine. No probation, no jail time, no drug screening, and no ASAP.
Fairfax County General District Court at 4110 Chainbridge Rd, Fairfax, VA.
Read more about Virginia Drug & Marijuana Law here: Virginia Marijuana & Drug Charges, Defenses, Penalties: Possession of Marijuana, Possession with Intent to Distribute, Felony & Misdemeanor Drug Charges, and Drug Law FAQClick to review all Drug / Marijuana case results.
§ 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.
(b) 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 controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.
(b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.
(b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.
(c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.