Virginia offers a “dismissal” option for first time possession convictions, known as a 251 Disposition. However, the requirements for the 251 program are strict, lengthy and must be completed in order to have the charge dismissed. Once you enter the program, you must abide by all the requirements or you will be found guilty of the charge. The 251 option, though a great option for some, may not be the best choice for others. If you accept a 251 Disposition, you will not qualify for an expungement. Some employers recognize the 251 disposition as a regular conviction because the offender must plead guilty before being approved for the program. This is why contacting a Virginia criminal attorney about your specific drug case is so important.
Some of the most common felony drug charges our Virginia criminal lawyers see are possession with intent to distribute (PWID), distribution of marijuana, distribution of a controlled substance and manufacturing a controlled substance. Many of the controlled substances include cocaine, heroin, hash oil, methamphetamines, oxycontin and Adderall. The criminal lawyers of Robinson Law have handled numerous felony drug cases in Fairfax and Northern Virginia. Each drug case in Virginia has its own set of facts and unique circumstances, which is why consulting with a criminal lawyer for drug charges is essential to building the best possible defense for your case.
The most common distribution-related charge is known as “possession with intent to distribute” or PWID. The Virginia justice system considers numerous factors when determining whether or not an individual intended to distribute marijuana. Some of these factors include, but are not limited to quantity, certain paraphernalia such as scales, large sums of cash, expert testimony, and packaging. However, the circumstances for each case vary, which is why you need the expert advice from a criminal Fairfax attorney to help you fight your distribution charge. Virginia Code § 18.2-248.1 defines selling, distributing, or gifting of marijuana as unlawful. Distributing marijuana may be either a misdemeanor offense or a felony offense, depending on the factors involved.
Distributing ½ an ounce or less of Marijuana:
Distributing more than ½ an ounce but less than 5 lbs. of Marijuana:
Distributing 5 lbs. of Marijuana or more:
Transporting 5 lbs. of Marijuana or more into Virginia:
Virginia categorizes controlled drugs into six “schedules,” with the highest probability of abuse being schedule I and the least being schedule VI. No matter what schedule of drug, these cases are typically complicated and consulting with a Virginia criminal attorney is strongly recommended. Penalties for illegally possessing a controlled substance vary according to the schedule of the drug and whether you’re charged with a first or subsequent offense.
Schedule I (Heroin, Ecstasy, LSD, GHB):
Schedule II (Methamphetamines, Cocaine, Morphine, Adderall, Ritalin, PCP):
Schedule III (Anabolic steroids, codeine and hydrocodone, some depressants):
Schedule IV (Darvon, Talwin, Equanil, Valium, Rohypnol, Xanax, tranquilizers):
Schedule V (codeine-based cough medicines):
Distribution of a controlled substance in Virginia is a felony offense, while possession with intent to distribute (PWID) may be either a misdemeanor or felony offense. Our criminal attorneys have represented both adults and juveniles who have been charged with distribution or selling cocaine, heroin, Adderall.
Distribution of Schedule I & II:
Distribution of Schedule III, IV & V: