Switch to ADA Accessible Theme
Close Menu
Northstar Church and Nonprofit Video Conference and Business Webinar Recordings Here! Click Here to View!
Leesburg & Loudoun County Attorney
Call For a Consultation Today Free for Personal Injury & Criminal Defense Only 703-879-1364 Make a payment
  • Facebook
  • Twitter
  • LinkedIn
Hablamos Español
Sign Up for Our Newsletter!
Lawpay Payment Page

Is It A Virginia Drug Crime To Distribute Imitation Controlled Substances?

Handcuffs4

Distribution drug crimes in Virginia normally involve dangerous controlled substances. These controlled substances are broken down into categories — referred to legally as schedules — based on likelihood of abuse and any recognized medical use. The most dangerous substances appear in Schedules I and II, such as heroin, cocaine, and meth.

In addition to prohibiting the distribution of actual controlled substances, the Virginia Criminal Code also makes it unlawful to distribute substances that mimic or imitate these illegal drugs. It is a criminal offense to distribute or attempt to distribute imitation controlled substances under Virginia law.

What is the Virginia Definition of an Imitation Controlled Substance?

Code of Virginia Section 18.2-247 establishes the definition of an imitation controlled substance. Under this section, an imitation controlled substance usually refers to any pill, tablet, or substance in any form that is not a controlled substance but:

  • The overall dosage unit appearance — which includes color, shape, size, marks, and packaging — causes a likelihood of confusion with an actual controlled substance; or
  • By express or implied representation, acts like a controlled substance as a stimulant or depressant that is not recognized for medical use.

What are the Virginia Laws Against Distributing Imitation Controlled Substances?

Code of Virginia Section 18.2-248 provides the laws against distributing imitation controlled substances. Under this section, it is unlawful for any person to:

  • Distribute, manufacture, sell, or give any imitation controlled substance; or
  • Possess any imitation controlled substance with the intent to distribute, manufacture, sell, or give.

In the context of these offenses, the Virginia courts may consider whether the distribution — or attempted distribution — of an imitation controlled substance occurred in exchange for money or similar consideration. Furthermore, the courts may consider whether such consideration was substantially greater than the reasonable value of the substance in question.

How Does Virginia Punish Distributing Imitation Controlled Substances?

Section also details the punishment for distributing an imitation controlled substance in Virginia. Under this section, distribution of an imitation controlled substance is a criminal offense. But the nature of the imitation controlled substance can change the corresponding punishment.

For imitation controlled substances that mimic Schedule I, II, III, or IV controlled substances, distribution crimes are usually charged as Class 6 felonies. If convicted for a Class 6 felony in Virginia, the punishment can include a prison sentence between one and five years as well as criminal fines up to $2,500.

For imitation controlled substances that mimic Schedule V or VI controlled substances, distribution crimes are usually charged as Class 1 misdemeanors. If convicted for a Class 1 misdemeanor in Virginia, the punishment can include a maximum jail sentence of 12 months as well as criminal fines up to $2,500.

Do You Need Legal Help?

If you need legal assistance with charges for drug crimes or other offenses under Virginia law, the Leesburg drug crimes lawyers at Simms Showers LLP can help. Reach out to us today for a consultation.

Facebook Twitter LinkedIn
Contact the Leesburg, Winchester & Loudoun County Attorneys of Simms Showers LLP today

Simms Showers LLP is conveniently located two blocks from the Loudoun County Courthouse. Our criminal defense firm offers a free phone consultation for criminal or personal injury cases. Se habla español. Call Simms Showers LLP for quality legal counsel today at 703-997-7821 or contact us online.

I acknowledge that contacting Simms Showers LLP, through this website does not create an attorney-client relationship, and information I send is not protected by attorney-client privilege.
Return To Top
x Which Newsletter are you intersted in? *