Virginia Drug Laws for STUDENTS (Commonwealth of VA Attorney General's Office)

1. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drugs

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Lesson goal
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To introduce students to Virginia laws related to controlled
substances and the serious penalties for violating these
laws.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Students will learn:
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• Virginia laws concerning controlled substances
• Virginia laws restricting underage prescription drug
and inhalent possession and use
• Drug abuse is a serious health and safety threat to
young people

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
How drugs are classified
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The Virginia Drug Control Act places controlled substances
into five categories called schedules:
Schedule I drugs have a high potential for abuse and no
accepted medical use, and include heroin and LSD. These
carry the most severe penalties.
Schedule II drugs have a high potential for abuse and
severe dependence, but have a currently accepted medical
use. These include PCP, cocaine, methadone, and
methamphetamine.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
How drugs are classified, cont.
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Schedule III drugs have less potential for abuse than
Schedule II drugs, a potential for moderate dependency
and an accepted medical use. Anabolic steroids and
codeine fall into this category.
Schedule IV drugs have less potential for abuse than
Schedule III drugs, a limited potential for dependency, and
are accepted in medical treatment. Schedule IV drugs
include Valium, Xanax, and other tranquilizers and
sedatives.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drug crimes in Virginia law
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Virginia law defines three major types of drug crimes:
• Possession
• Distribution
• Manufacturing

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drug crimes in Virginia law, cont.
DRUGS
Code of Virginia § 54.1-3401 contains the following
definitions:
• Sale includes barter, exchange, or gift, or offer therefore,
and each such transaction made by any person, whether
as an individual, proprietor, agent, servant, or employee.
• Distribute means to deliver other than by administering
or dispensing a controlled substance.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drug crimes in Virginia law, cont.
DRUGS
• Manufacture means the production, preparation,
propagation, conversion, or processing of any item
regulated by this chapter, either directly or indirectly by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance
or labeling or relabeling of its container. This term does
not include compounding.
• Virginia law also defines drug paraphernalia as materials
of any kind used in producing or using drugs. Examples
include pipes, bongs, smoking papers, and certain kits
used for injecting drugs. (Code of Virginia § 18.2-265.1)

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Penalties for drug crimes
DRUGS

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Penalties for drug crimes, cont.
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Emergency help for an overdose
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Unfortunately, it is sometimes possible for someone to
have a life-threatening physical reaction to drugs or
alcohol: this is known as an overdose . It is critical
that someone who is having this sort of reaction get
immediate medical attention, as that person may die if
left untreated.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Emergency help for an overdose,
cont.
DRUGS
Under Code of Virginia § 18.2-251.03, someone who
seeks or obtains emergency medical attention for
himself or for another individual because of a drug- or
alcohol-related overdose in progress may be protected
from being convicted for certain possession or
intoxication crimes if the person reports an overdose to
a firefighter, EMs personnel, or a law enforcement
officer (most commonly by calling 911 for emergency
medical response). To be eligible for this “affirmative
defense,” the person reporting the overdose must
identify themselves as being the one who reported the
overdose.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Prescription and OTC drugs
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A growing trend in substance abuse is prescription or
over-the-counter (OTC) drugs.
This happens when someone takes a prescription drug that
was prescribed for someone else or in a manner or dosage
other than what was prescribed to get high, help with
studying, or treat pain.
Under Code of Virginia § 18.2-250, it is illegal to take a
relative’s or friend’s prescription for any reason.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Synthetic cannabanoids or “spice”
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Synthetic Cannabinoids, or “Spice,” is an herbal product sold as
incense. Its “high” is thought to be similar to that of marijuana.
Spice is a new drug and little is known about its effects on the
body. Some of the known health risks can include agitation,
anxiety, vomiting, tremors, seizures and psychotic episodes.
Synthetic cannabinoids are now a Schedule I drug, which means
it is illegal to possess, sell, or distribute them.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Bath salts
DRUGS
“Bath Salts” are not the traditional cosmetic product but a
drug sold in powder form, sometimes with labels of “plant
food,” “bath crystals,” “herbal incense,” or “research
chemicals.” They are a central nervous stimulant and can
cause severe hallucinations and paranoia, as well as rapid
heart rate leading to stroke, vomiting and seizures.
Bath Salts are now a Schedule I drug, which means they
are illegal to give, possess, sell, or distribute.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Inhalants
DRUGS
Inhalants are chemical vapors that people inhale on
purpose to get “high.” The vapors produce mind altering,
and sometimes disastrous, effects, including “sudden
sniffing death.” There are many different types:
• Volatile solvents are liquids that vaporize at room
temperature. Examples include paint thinner, nail
polish remover, and gasoline.
• Aerosols are sprays that contain propellants and
solvents. Examples include spray paint, hair spray,
and deodorant spray.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Inhalants, cont.
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• Gases are household or commercial products.
Examples include: butane lighters, whipped cream
dispensers, and propane tanks. Gases can also be
used for medical anesthesia and include anesthetics,
chloroform, and nitrous oxide.
Code of Virginia § 18.2-264 makes it illegal to use, or
encourage others to use, inhalants.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drug offenses at school
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Some drug laws pertain specifically to school. When drugs
are brought to school:
• The school is required by law to notify the local law
enforcement agency when any student has committed
certain offenses, including any conduct involving alcohol,
marijuana, a controlled substance, imitation controlled
substance, or an anabolic steroid. (Code of Virginia §
22.1-279.3:1.(A))

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Drug offenses at school, cont.
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• Then, the student would be subject to both school
disciplinary action and criminal action.
• Code of Virginia § 22.1-277.08 allows local school
boards to consider expulsion of any student determined
to have brought a controlled substance.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Driving while intoxicated
DRUGS
According to Code of Virginia § 18.2-266, you can be
charged with a DWI if you drive a car under the influence of
a controlled substance. It is illegal for a person to drive a
car:
• While such person is under the influence of any narcotic
drug or any other self-administered intoxicant or drug of
whatsoever nature, or any combination of such drugs, to
a degree which impairs his ability to drive or operate any
motor vehicle;
• While such person is under the combined influence of
alcohol and any drug or drugs to a degree which impairs
his ability to drive or operate any motor vehicle; or

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Driving while intoxicated, cont.
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• While such person has a blood concentration of any of
the following substances at a level that is equal to or
greater than:
o 0.02 milligrams of cocaine per liter of blood,
o 0.1 milligrams of methamphetamine (meth) per liter of
blood,
o 0.01 milligrams of phencyclidine (PCP) per liter of
blood, or
o 0.1 milligrams of 3,4-
methylenedioxymethamphetamine (ecstasy) per liter
of blood.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Review and recap
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You have learned:
• That drug laws in Virginia define categories of drugs and
types of offenses and prescribe penalties for the
possession, distribution and manufacture of drugs;
• There are additional laws about bringing drugs to school
that have both criminal and disciplinary consequences,
including expulsion from school;

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
Review and recap, cont.
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• That prescription drug and over-the-counter drug abuse
is a growing problem and there are laws that prohibit
using these controlled substances in a way not intended
by the prescription; and
• That the use of inhalants can cause bodily harm and
can kill you on the first use.

24. OFFICE OF THE ATTORNEY GENERAL
COMMONWEALTH OF VIRGINIA •
WWW.AG.VIRGINIA.GOV
For more information about Virginia laws that affect
teens, visit www.virginiarules.org
© Office of the Attorney General of the Commonwealth of Virginia