How Serious is Drug Possession In Northern Virginia and What is the Penalty/Punishment for Drug Possession?
People often ask “Can I go to jail if I am convicted of drug possession” or “What will happen to my driver’s license if I am convicted of drug possession?” The consequences you face for drug possession depend in large part on the type of drug you are accused of possessing. The Drug Control Act classifies drugs into five schedules. Where the drug falls in that schedule determines the seriousness of the offense. • Possession of Marijuana (Va. Code 18.2-250.1) – Possession of small amount of marijuana in Virginia is a misdemeanor. A first offense is punishable by up to 30 days in jail, a fine, and a mandatory 6 month loss of driving privileges. If it is a second offense, the maximum jail time increases to one year. However, the offense must be properly charged as a second offense to elevate the penalty to 12 months. • Possession of Cocaine, Crack, Heroin, PCP, Methamphetamine (“Meth”), Cathinone (“Khat”), Ecstasy (MDA or MDMA), LSD, Psilocybin (mushrooms), certain prescription drugs (meth
