Virginia Kindergarten Teacher Arrested For Possession Drug Crime

Police arrested a Virginia kindergarten teacher for the drug crime of cocaine possession, according to an article by CBS affiliate WRIC.

According to official reports, a school resource officer noticed a suspicious substance in the Virginia teacher’s desk. The school official believed the substance to be cocaine, so the officer contacted the local police department. After the arrest, the Virginia teacher faces felony charges for possession of cocaine.

While this Virginia teacher waits for their next court date on June 2, it seems like a reasonable occasion to review two different state laws against possession drug crimes.

Possession of Cocaine in Virginia

Code of Virginia Section 18.2-250 provides the laws against possession of cocaine. Outside of narrowly construed exceptions, this section makes it unlawful to possess illegal drugs. Legally referred to as controlled substances, they are classified in different categorizations, or schedules, based on medical use and addictiveness. For example, cocaine is a Schedule II controlled substance.

The penalty for unlawful possession in violation of Section 18.2-250 changes drastically based on the type of controlled substance in question. Unlawful possession of:

Schedule I/II Controlled Substances — Is a Class 5 felony, punishable by a maximum of 10 years in prison and $2,500 in criminal fines;
Schedule III Controlled Substances — Is a Class 1 misdemeanor, punishable by a maximum of 12 months in jail and $2,500 in criminal fines;
Schedule IV Controlled Substances — Is a Class 2 misdemeanor, punishable by a maximum of six months in jail and $1,000 in criminal fines;
Schedule V Controlled Substances — Is a Class 3 misdemeanor, punishable by a maximum of $500 in criminal fines; or
Schedule III Controlled Substances — Is a Class 4 misdemeanor, punishable by a maximum of $250 in criminal fines.

Possession of Cocaine with Intent to Distribute in Virginia

Code of Virginia Section 18.2-248 provides the laws against possession of cocaine with intent to distribute. Essentially, this section prohibits any person from possessing a controlled substance under circumstances that indicate an intent to distribute, manufacture, sell, or give away. This offense tends to involve possession of larger amounts of a controlled substance.

As with possession crimes, the punishment for possession with intent to distribute changes based on the type of controlled substance in question. The penalties also increase based on the number of previous offenses, if any. Possession with intent to distribute cocaine, or another Schedule I/II controlled substance, is punishable as follows:

First Offense — Felony crime with a possible penalty of five to 40 years in prison and $500,000 in criminal fines;
Second Offense — Felony crime with a possible penalty of five years to life in prison and $500,000 in criminal fines; or
Third or Subsequent Offense — Felony crime with a possible penalty of 10 years to life in prison and $500,000 in criminal fines.

Do You Need Legal Help?

If you need legal assistance with charges for a drug crime, contact the Leesburg criminal attorneys at Simms Showers LLP. We can assist you throughout each step of your case.

Resource:

wane.com/news/crime/virginia-teacher-charged-with-drug-possession-cocaine-found-in-desk/