In Fairfax, it is illegal to possess with the intent to distribute or use marijuana and any scheduled drugs, including Schedule I, II, III, or V substances. It is illegal to use or possess with the intent to distribute scheduled substances and marijuana.
The Virginia Drug Control Act has codified what qualifies as an illicit substance. Substances in the Virginia Drug Control Act include, but are not limited to marijuana, cocaine, heroin, prescription drugs, and steroids. The possession, distribution, or possession with intent to distribute Schedule I and II drugs are penalized more harshly than Schedule III, IV, and V and marijuana.
For help understanding Fairfax drug law and building a defense against your charges, contact an experienced attorney today.
If an individual has a valid prescription for an illegal substance, they could be allowed to continue to possess that substance. That does not mean that the person is going to be able to distribute that substance or possess with intent to distribute it, but if they have a valid prescription for a substance, they are allowed to possess that substance.
Xanax, Percocet, Adderall, Codeine, Promethazine, are commonly prescribed drugs. Most pain medications and mood or behavior medications are included, as well. A lot of these are scheduled but are substances a person cannot possess without a valid prescription.
The Virginia Drug Control Act looks to two criteria in deciding if a drug should be scheduled and what the schedule should be. The first is the potential for abuse and the second is an accepted medical use or treatment within the United States. For example, a drug that has a high potential for abuse and no accepted medical use will have a higher schedule and be viewed as a more dangerous substance, as opposed to a substance that may not have as high a potential for abuse and may have some accepted medical uses.
Drug charges have a lot of moving parts and areas in which an individual can make or break their case. For that reason, it is imperative to contact a local Fairfax drug attorney who can do everything they can to comb through the particular case facts and circumstances to defend the person in court.
That defense can be in court or through negotiations to get the person the proper program that they may need to go forward. It is imperative to hire a lawyer who can help a person to get them out of that particular situation and not have the only options of a lengthy jail sentence or a high fine.
Northern Virginia Criminal Defense Group
