In recent years, criminal offenses related to drugs have increased at an alarming rate. Due to this rapid increase even for minor offenses, the law enforcement authorities have started dealing with the convicted drug offenders harshly. Even if you are charged with a minor drug-related offense, you will be facing many serious consequences. The consequences of being convicted of drug trafficking or possessing drugs can lead you to face jail time along with a permanent criminal offense record.
The drug laws in Alexandria Virginia are quite straightforward and strict as they have legislated different penalties according to the type of drug crime and their intensity, There are different types/levels/ and schedules of these drugs and controlled substances which helps the law enforcement authorities decide the intensity of the drug abuse. The website of the United States Department of Justice has all the detail about the control substances, their level of abuse and their penalties.
However, every state deals drugs abuse according to the rate of abuse of that drug. Hence marijuana is treated as schedule 1 controlled substance according to the United States Department of justice however, the Alexandria Virginia law has tailored the law according to the states control requirements.
Marijuana in Virginia has a separate category in controlled substances. In Virginia, controlled substances are categorized into the following categories:
- Schedule I
- Schedule II
- Schedule III
- Schedule IV
- Schedule V
According to the Virginia law Code Section 54.1-3446, 3448 the schedule I substances and schedule II substances are illegal drugs with an exemption from certain drugs such as cannabis or marijuana. Cannabis and marijuana are categorized in a special category which may lead to misdemeanor charges and penalties.
Drug Possession
The individuals convicted of drug-related offenses are arrested for two types of crimes, either possessing the drugs or distributing the drugs. It is the duty of the common wealth’s attorney to prove that the drugs found in the possession of the individual was originally his own and he was aware of the fact that the drugs were in his possession. Before proving any kind of criminal offense, the prosecutors cannot charge the individual for any offense. Mostly the prosecutors gather this information from the statement of the individuals, however, many of these charges can be mitigated if the individual chooses his right to stay silent.
Constructive Possession
Apart from the possession of the drug, there are instances when the drugs are not directly found with the arrested individual. If a law enforcement authority has found drugs within a container or your purse you will be accountable for constructive possession charges. However, constructive possession charges are hard to prove as the prosecutors have to prove the fact that the arrested individual was aware that he was possessing the drugs. The main task of the commonwealth attorney is to prove that the charged individual was aware of the presence of the drug and he was either hiding or getting rid of the illegal substance by hiding it.
Drug Distribution
Distributing the drug is an illegal act as it means to give or sell out the drugs to another person.
Penalties for drug offenses
- Possession of Marijuana – Va. Code 18.2-250.1 –Class 1 Misdemeanor
- Up to 12 months jail time
- Up to $2,500 fine
- Distribution of Marijuana – Va. Code 18.2-248.1
- Up to one-half ounce – Class 1 Misdemeanor
- up to 12 months jail time
- up to $2,500 fin
- More than one-half ounce less than five pounds: Class 5 Felony
- 1 day to 10 years imprisonment
- Up to $2,500 fine
- More than five pounds: unclassified felony
- 5 years to 30 years imprisonment
- Up to one-half ounce – Class 1 Misdemeanor