The Commonwealth of Virginia is one of many states which has decriminalized marijuana possession for personal use. However, most of Virginia’s other drug laws pertaining to the use, possession, and particularly distribution of controlled substances are as harsh as they have been for decades, with both steep fines and prison time for many first-time offenders.
If you are facing any type of criminal allegation involving controlled substances being found in your possession, you should contact a Fairfax drug lawyer as your number-one priority. By working with a defense attorney from The Leiva Law Firm, you will have the support of a legal professional with years of experience fighting—and winning—in court on behalf of people much like you, dealing with allegations much like yours.
Possession of up to one ounce of marijuana for personal use is legal in the state of Virginia as of 2025. Possession of between one and four ounces by an adult or of any amount by a person under the age of 21 is a civil infraction punishable by only a $25 fine. As per Code of Virginia § 4.1-1100, being found in possession of between four ounces and one pound of marijuana is still considered a Class 3 misdemeanor offense carrying a maximum $500 fine upon conviction.
People found in possession of any drug classified as a Schedule III, IV, V, or VI controlled substance under Virginia state law can likewise face being charged with, respectively, a Class 1, Class 2, Class 3, or Class 4 misdemeanor offense in accordance with Code of Virginia §18.2-250. Finally, as your Fairfax drug defense attorney can further explain, that same statute categorizes the possession of any Schedule I or Schedule II substance other than marijuana as a Class 5 felony carrying a maximum fine of $2,500 and—at the court’s discretion—either a maximum 12-month jail sentence or a term of one to ten years in state prison.
If law enforcement finds evidence to suggest that you are involved in distributing controlled substances to other people for your own profit or someone else’s, or if they just discover you have a large enough amount of certain types of drugs in your property, your simple possession charge can be elevated to possession with intent to distribute. As outlined in Code of Virginia §18.2-248, this will almost always result in the charge becoming a felony rather than a misdemeanor, with the only exception being that unlawful possession of a Schedule VI substance with intent to distribute is a Class 1 misdemeanor.
Furthermore, possession of any of the following “threshold amounts” of certain Schedule I or II substances carries a mandatory minimum five-year prison term up to a maximum of 40 years upon conviction:
Larger amounts of these substances can carry even higher mandatory minimum sentences. Your defense lawyer can provide crucial help during your drug-related criminal case in Fairfax.
The nature and outcome of a drug charge can change dramatically depending on exactly what type of substance you were allegedly found in possession of and what law enforcement authorities believe you intended to do with that substance. What is always true is that working with defense counsel who is able to take your case to trial and fight tenaciously from the beginning to the end of your case can be vital to protecting your long-term interests.
A confidential conversation with a Fairfax drug lawyer will give you answers to any questions you have about your legal options and provide you with the confidence to take the next steps to protect your future. Call The Leiva Law Firm today to set up a meeting.
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