Our Norfolk, VA drug charge defense attorneys know the law and thoroughly understand how the legal system works in Virginia. Our in-depth knowledge comes from our trial lawyers’ extensive courtroom experience in Norfolk and throughout the Hampton Roads area. If your freedom is on the line, we’re the law firm you want working for you.
How can prescription drugs be illegal?
The criminal laws governing prescription drugs can be overwhelming. While prescription drugs are legal in many cases, these controlled substances (the legal term used by the Commonwealth of Virginia for many drugs) can be considered illegal in certain situations.
Many of Virginia’s laws governing prescription drugs involve medications classified as Schedule II Controlled Substances. These medications include codeine, oxycodone, fentanyl, Ritalin, and Percocet.
Other prescription medications subject to criminal charges include:
- Schedule III Controlled Substances, including steroids and Vicodin.
- Schedule IV Controlled Substances, including Ambien, alprazolam (Xanax) and diazepam (Valium).
- Schedule V Controlled Substances, including prescription medications with lower amounts of codeine and opium.
Common prescription drug charges
Charges related to prescription drugs in Virginia involve the unauthorized use or sale of such medications – that is, without a valid prescription.
Many of these rules and regulations can be found in Virginia Code 18.2-250 and Virginia Code 18.2-248. Other prescription drug law violations in Virginia can include:
- Unauthorized sale or distribution of a prescription medication classified as a Controlled Substance.
- Manufacture of a prescription medication without legal authorization.
- Possession of a large, unauthorized quantity of prescription medications classified as a Controlled Substance.
Penalties for prescription drug convictions
Like many drug charges in Virginia, the penalties for a prescription drug conviction often depend on many different factors, including the quantity of drugs involved, whether someone was previously convicted of a drug crime and other contributing factors, including where the arrest took place. For example, different laws apply to drug crimes committed in a school.
Some of the penalties for some of the most common prescription drug convictions in Virginia include:
Schedule II Controlled Substances
- Illegal possession of a Schedule II Controlled Substance – 1 to 10 years in jail, up to $2,500 fine.
- (First Conviction) Distribution or intent to distribute a Schedule II Controlled Substance – 5 to 40 years in prison, up to $500,000 fine.
- (Second or Subsequent Conviction) Distribution or intent to distribute a Schedule II Controlled Substance – 5 years to life in prison, up to $500,000 fine.
Schedule III Controlled Substances
- Illegal possession of a Schedule III Controlled Substance – Up to 12 months in jail, up to $2,500 fine.
- Distribution or intent to distribute a Schedule III Controlled Substance – 1 to 10 years in prison, up to $2,500 fine.
Schedule IV Controlled Substances
- Illegal possession of a Schedule IV Controlled Substance – Up to 6 months in jail, up to $1,000 fine.
- Distribution or intent to distribute a Schedule IV Controlled Substance – 1 to 5 years in prison, up to $2,500 fine.
Schedule V Controlled Substances
- Illegal possession of a Schedule V Controlled Substance – Up to $500 fine.
- Distribution or intent to distribute a Schedule V Controlled Substance – Up to 12 months in prison and/or up to $2,500 fine.
Common successful legal defenses
So what should you do if you have been charged with a crime involving a prescription medication? There are many ways your lawyer may be able to have your charges reduced, dismissed, or obtain a not guilty verdict if your drug charge case goes to trial. Such strategies can include proving:
- You have the right to legally possess the prescription medication involved in your arrest.
- You have a valid prescription for your prescription drug.
- The police conducted an unlawful search and seizure.
- Your rights were violated by police during your arrest.
- The prescription medications involved in your arrest were not in your possession at the time of the arrest.
- The prescription medications involved in your arrest do not belong to you.
You have rights. We can fight for them
This might be your only opportunity for justice if you are arrested on criminal charges involving prescription medications. Make your case count. Contact our law firm to learn more about your legal options. Schedule a free case evaluation with one of our experienced Norfolk, Virginia drug charge defense lawyers. We can answer your questions, explain your rights, and immediately start working on your legal defense.