How Does Virginia Classify Illegal Drugs?

Virginia laws against and penalties for drug crimes can vary based on the type of drug in question. Referred to legally as controlled substances, illegal drugs are divided into different schedules in Virginia. Each schedule has a specific purpose as well as a list of included substances. Although there are six schedules, most controlled substances appear in Schedules I-V.

Schedule I

Under Code of Virginia Section 54.1-3445, a controlled substance must appear in Schedule I if:

• The substance has a substantial risk of abuse or misuse; and
• The substance is not accepted or safe for medical treatment in the United States.

Under Code of Virginia Section 54.1-3446, Schedule I substances include but are not limited to:

• Acid (LSD);
• Ecstasy (MDMA);
• Heroin;
• Mescaline; and
• Peyote.

Schedule II

Under Code of Virginia Section 54.1-3447, a controlled substance must appear in Schedule II if:

• The substance has a substantial risk of abuse or misuse;
• The substance is accepted for medical treatment in the United States with strict limitations; and
• Abuse of the substance can lead to severe physical or psychological dependence.

Under Code of Virginia Section 54.1-3448, Schedule II substances include but are not limited to:

• Cocaine;
• Fentanyl;
• Hydrocodone;
• Methamphetamine;
• Morphine;
• Opium;
• Oxycodone; and
• PCP.

Schedule III

Under Code of Virginia Section 54.1-3449, a controlled substance must appear in Schedule III if:

• The substance has a lower risk of abuse compared to Schedule I/II substances;
• The substance is accepted for medical treatment in the United States; and
• Abuse of the substance can lead to moderate physical or high psychological dependence.

Under Code of Virginia Section 54.1-3450, Schedule III substances include but are not limited to:

• Anabolic steroids;
• Barbiturates;
• Benzphetamine;
• Chlorphentermine;
• Codeine; and
• Ketamine.

Schedule IV

Under Code of Virginia Section 54.1-3451, a controlled substance must appear in Schedule IV if:

• The substance has a lower risk of abuse compared to Schedule III substances;
• The substance is accepted for medical treatment in the United States; and
• Abuse of the substance can lead to limited physical or psychological dependence compared to Schedule III substances.

Under Code of Virginia Section 54.1-3452, Schedule IV substances include but are not limited to:

• Barbital;
• Clonazepam;
• Lorazepam;
• Paraldehyde; and
• Zolpidem.

Schedule V

Under Code of Virginia Section 54.1-3453, a controlled substance must appear in Schedule V if:

• The substance has a lower risk of abuse compared to Schedule IV substances;
• The substance is accepted for medical treatment in the United States; and
• Abuse of the substance can lead to limited physical or psychological dependence compared to Schedule IV substances.

Under Code of Virginia Section 54.1-3454, Schedule V substances include but are not limited to:

• Brivaracetam;
• Ezogabine;
• Lacosamide;
• Pregabalin; and
• Pyrovalerone.

Do You Need Legal Help?

If you need legal help with a drug crime in Virginia, it is beneficial to contact a knowledgeable criminal defense attorney. The attorneys at Simms Showers LLP, servicing Leesburg, Winchester, Fairfax, and Manassas,  have many years of legal experience criminal defense cases across Virginia, including various drug crimes. If you need legal help with criminal defense, contact us today for a free initial consultation.

https://www.simmsshowerslaw.com/marijuana-laws-in-virginia/