ARLINGTON VIRGINIA DRUG DEFENSE ATTORNEY CASE RESULT:
Va Code 18.2-250 Felony Possession of Controlled Substance Oxycodone, a Schedule II in the Virginia Drug Control Act, was DROPPED at the Preliminary Hearing for insufficient evidence to prosecute.
Arlington County General District Court at 1425 Courthouse Road, Arlington, VA.
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§ 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.
§ 54.1-3448. Schedule II.
The controlled substances listed in this section are included in Schedule II:
1. Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone naltrexone and their respective salts, but including the following:
Opium fluid extracts;
Tincture of opium;
Oripavine (3-O-demethylthebaine or 6,7,8,14-tetradehydro-4,
Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in this subdivision, but not including the isoquinoline alkaloids of opium.
Opium poppy and poppy straw.
Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine; cocaine or any salt or isomer thereof.
Concentrate of poppy straw, the crude extract of poppy straw in either liquid, solid or powder form, which contains the phenanthrene alkaloids of the opium poppy.
2. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
Bulk dextropropoxyphene (nondosage forms);
Levo-alphacetylmethadol (levo-alpha-acetylmethadol) (levomethadyl acetate) (LAAM);
Methadone — Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
Moramide — Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylicacid;
Pethidine (other name: meperidine);
Pethidine — Intermediate — A, 4-cyano-1-methyl-4-phenylpiperidine;
Pethidine — Intermediate — B, ethyl-4-phenylpiperidine-4-carboxylate;
Pethidine — Intermediate — C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
3. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
Amphetamine, its salts, optical isomers, and salts of its optical isomers;
Phenmetrazine and its salts;
Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
Lisdexamfetamine, its salts, isomers, and salts of its isomers.
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
5. The following hallucinogenic substance:
6. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances which are:
a. Immediate precursors to amphetamine and methamphetamine:
b. Immediate precursor to phencyclidine:
1-piperidinocyclohexanecarbonitrile (other name: PCC).
c. Immediate precursor to fentanyl: