Felony and Misdemeanor Drugs

Virginia drug classifications can be found under Va. Codes Ann. § 54.1-3446 (Schedule I), § 54.1-3448 (Schedule II), § 54.1-3450 (Schedule III), § 54.1-3452 (Schedule IV), and § 54.1-3454 (Schedule V).

Drugs are classified into different groups to help determine consequences if the law is broken. Factors considered are:

1. Is there a potential for abuse,

2. Is the drug accepted for medical use in the United States,

3. Is the drug safe when prescribed for medical treatment,

4. Does the drug cause negative effects,

5. Can one become dependent,

6. Is the drug toxic.

If you have been caught by Police or Detectives and charged with Felony possession, selling, distributing, manufacturing an illegal drug, Call Attorney Sheryl Shane.  Let her take steps to best protect you.  Even if you have not been charged but are under suspicion, it is an intelligent move to learn how to protect your future from an experienced lawyer.  Take a step in the right direction and contact the Law Offices of Sheryl Shane now!

In the Commonwealth of Virginia a person cannot knowingly and intentionally possess a controlled substance, Class I or II, if they know the character and nature of the drug and obtained it in an unlawful manner. Va. Ann. Code § 18.2-250 applies to drugs such as

heroin, opium, codeine, oxycodone, amphetamines, cocaine, fentanyl, morphine, peyote, and hydrocodone. If found to have violated this statute, you may land yourself in prison for up to (10) years, and suffer serious consequences.  

Va. Ann Code § 18.2-248 was written to address:

1. Selling,

2. Giving,

3. Distributing,

4. Manufacturing,

5. Or Possession with the intent to do one of the above

The punishment for Controlled Substances schedule I and II involving the above numbered sections.

Sections #1-7 begins with not less than (5) five nor more than (40) forty years of incarceration. You can receive a fine of up to five hundred thousand dollars ($500,000).  The more times you are convicted the harsher the sentence. In some circumstances you can spend life in prison. With larger quantities, you can expect the same.  Fines can reach one million dollars ($1,000,000). You need a lawyer to help get you off or lessen the penalties.  The quicker you call – the sooner we can address your problems.

Persons involved with transportation of Controlled Substances I and II, and Large Amounts of Marijuana, specifically:

1. (1 oz.) one ounce or more of cocaine

2. (1 oz.) one ounce or more of Controlled Substances Schedule I and II

3. (5 lbs.) five or more pounds of Marijuana

If convicted would serve (3) years mandatory prison time. Not less than five years no more than (40 years) of incarceration. All but (3) years may be suspended.  

When an adult (person 18 years of age and older) knowingly and intentionally distributes marijuana or a controlled substance schedule I, II, III, IV drugs to a person (3) three years his junior, or has a minor help distribute, the punishment will be somewhere between (10) ten to (50) years imprisonment and a fine of up to ($100,00.00) one hundred thousand dollars.

There will be mandatory prison time depending on the amount of drugs involved. When imitation drugs are used – the guilty party receives a (F6) felony 6 conviction.

Licensed child daycare facilities, elementary, middle, and high schools, public property held out to the public, school buses and bus stops, school drop-off and pick-ups, public recreations centers, community centers, and public libraries, are properties where possession, selling, and manufacturing on or near the premises will result in additional offenses. These convictions will be separate and distinct from the underlying charge. This means the sentences will run one after the other and not concurrently. 

It is against the law to deliberately smell or inhale drugs and noxious chemicals with the intent to “get high”. A guilty finding will result in a (Misdemeanor 1) class one misdemeanor. 

Call the Law Offices of Sheryl Shane to research your case and determine if any Constitutional rights have been violated such as an unreasonable stop, an unlawful search and seizure, a failure to read Miranda when it is required, along with a whole host of challenges which may be made on your behalf.  Knowledge of the law and due diligence is what you need from your lawyer in cases such as this. You don’t want to live the rest of your life locked away. 

1. Jail or prison time without a chance of parole,

2. Active Probation and any court ordered drug treatment program,

3. A forfeited driver’s license which can prevent you from working and family matters,

4. Expensive fines and court costs which may be difficult to cover even if you were not a convicted felon,

5. Future probation violation which can result in new convictions,

6. Negative immigration consequences.

But as a felon you will also lose:

1. Your right to vote,

2. Your right to bare arms, and

3. The right to participate on a jury.

A felon caught with a gun in one’s possession may be convicted of a new felony and receive substantial mandatory prison time as a punishment. Va. Code Ann. § 18.2-308.2.

Hire a criminal defense attorney who can win the case or demonstrate mitigating circumstances to help get the  Drug Charges reduced to Paraphernalia. Virginia Statutes § 54.1-3466  and § 18.2-265.3. Someone who will empathize with you and do her best to make it clear to the Judge why you deserve a chance.