In Virginia, a conviction of drug possession with the intention to distribute almost always leads to jail time, even for tiny amounts. In fact, illegal drug quantities less than .5 ounces can still land you in jail for up to 1 year! Although this charge may seem daunting, you are not indefensible – there are a number of defenses for this charge.

Factors like the amount of illegal drug on hand, amount of cash, communication from customers, presence of packaging materials (razor blades, baggies, scales, etc.) and the absence of drug paraphernalia suggestive of personal use have weight in determining if the accused was in fact intending to distribute the drugs on hand. We will hold the prosecution accountable to provide evidence to support their charge, and have a number of defenses based on the circumstances in your case.

We are often able to get charges reduced to simple possession, or dropped completed based on illegal search and seizure. Other plausible defenses include coercion, the drugs did not belong to you and violation of your Fifth Amendment Rights.

Check out the below table from the Attorney General’s office regarding various drug classifications and resulting penalties. Don’t go to court unarmed facing these enormous sentences – give us a call today at (757) 464-9224 or contact us online so we can determine the best defense to minimize or eradicate your charges.

Violations	Penalties (Code of Virginia § 18.2-248)
Possession
Possession of Schedule I or II controlled substance	Class 5 felony – imprisonment of one to 10 years, or confinement in jail for up to 12 months and a fine of up to $2,500, either or both.
Possession of Schedule III controlled substance	Class 1 misdemeanor – confinement in jail for up to 12 months and a fine of up to $2,500, either or both.
Possession of Schedule IV controlled substance	Class 2 misdemeanor – confinement in jail for up to six months and a fine of up to $1,000, either or both.
Possession of Schedule V controlled substance	Class 3 misdemeanor – fine of up to $500.
Possession of Schedule VI controlled substance	Class 4 misdemeanor – fine of up to $250.
Possession of marijuana, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is:	Misdemeanor confinement in jail for up to 30 days and a fine of up to $500, either or both. Upon a second conviction, punishment is confinement in jail for up to one year and a fine of up to $2,500, either or both.
Intent to sell or distribute (Code of Virginia § 18.2-248)
Possession of Schedule I or II controlled substance with the intent to sell or otherwise distribute	Felony conviction – imprisonment from five to 40 years and a fine of up to $500,000. Upon a second conviction, the violator must be imprisoned for not less than five years but may suffer life imprisonment, and fined up to $500,000.
Possession of Schedules III, IV, or V controlled substance with the intent to sell or otherwise distribute	Misdemeanor conviction – confinement in jail for up to one year and a fine of up to $2,500, either or both.
Possession of less than one-half ounce of marijuana with intent to sell or otherwise distribute	Misdemeanor conviction – confinement in jail for up to one year and a fine of up to $2,500, either or both.
Possession of more than one-half ounce to five pounds of marijuana with intent to sell or otherwise distribute	Felony conviction – imprisonment from one to 10 years, or at the discretion of the jury or the court trying the case without a jury, confinement in jail for up to one year and a fine of up to $2,500, either or both.