Navigating the Virginia criminal justice system can be overwhelming when it’s your first time and drug charges are involved. Below are the most frequently asked questions I receive.
I was charged with possession of marijuana (18.2-250.01), I had synthetic marijuana that I bought from the store. How is this possible?
Synthetic marijuana is also known as K2 or Spice and is definitely illegal in Virginia. The Drug Enforcement Agency (DEA) has designated the five active chemicals most frequently found in Spice as Schedule I controlled substances. The most common chemical is Ab-Fubinaca which since January 2014, has been designated as a Schedule I controlled substance. As of 2015, while there are 22 synthetic cannabinoids federally controlled through legislation or regulatory action, the DEA has identified over 75 other synthetic cannabinoids that are not controlled, yet. If the laboratory finds one of the 75 uncontrolled chemicals, you have a defense.
I have a valid prescription for oxycodone. I went to a party and gave some oxy to friends and they didn’t pay me. Did I do anything wrong?
You could possibly be charged with an unclassified felony for distribution of a schedule II controlled drug. It is unlawful for any person to sell, give, distribute…any controlled schedule I or II substance (§18.2-248). Oxycodone is a schedule II substance. However, if the defendant can prove that they gave the controlled schedule II without intent to profit or induce the other person to become dependent on that drug, they will be guilty of the “lesser” class 5 felony, which carries a maximum sentence of 10 years rather than the maximum of 40 years on the distribution. This is called an “accommodation”.
I got arrested for DUI after eating a lot of kratom. I didn't tell the cop I ate kratom, but he still arrested me because I was acting impaired. Can I fight the DUI?
The use of kratom, generally by chewing is illegal in its native country of Thailand, but it is not scheduled under the federal Controlled Substances Act. To get a conviction, the drug must be illegal in the U.S.
I was charged with two counts of conspiracy for transporting schedule I or II controlled substance and possession with intent to sell, manufacture, distribute. Does this need to go to a grand jury first?
The typical procedure followed in a majority of felony cases in Virginia is to be charged on a warrant and be scheduled for a preliminary hearing. From the preliminary hearing, if the court determines there is probable cause for trial, it would then typically go to the grand jury as these are serious charges. For a schedule I or II drug, just the possession with intent to distribute alone carries a sentence of 5 to 40 years for a first time offender if convicted.
I got a ticket for expired inspection and also one for possession of marijuana. What is the best and worst case scenario?
Assuming that this is your first marijuana charge, there is a great likelihood that you will get into the first offender program so that it will ultimately be dismissed. However, you cannot expunge the original arrest. Worst case scenario with the same assumption: a misdemeanor criminal record but with no jail. Fix the expired inspection and take proof of such to the Commonwealth's office for dismissal.
On a possession of marijuana conviction, will I be drug tested right after court or will I have a period of time to get clean?
Some jurisdictions may use the first test to establish a baseline of THC in the system to assess over time if you have stopped doing drugs. For example, if THC levels have gone down, it would indicate you’ve stayed clean or if the THC levels have gone up, it would indicate you’re still doing drugs. Either way, you cannot change what is already in your system so since you have now seen the downside of smoking marijuana, stay clean and deal with whether metabolites are still in your system whenever they test. For more information on offender alcohol and drug testing, visit the Department of Corrections.
How much would a bond be for someone with three counts of distribution of a controlled substance?
You really need to speak to a local experienced criminal defense attorney because a lot is taken into consideration:
were they on parole or bond when charged with this offense?
Do they have prior criminal convictions?
Do they have prior drug related convictions?
Do they have any past convictions for failing to appear in court when required?
Can the Commonwealth keep your car if you have a possession charge?
The Commonwealth must serve civil papers on you regarding the seizure and then you have 30 days in which to file the reply document. You will require a lawyer to help you with this civil matter, so contact one sooner rather than later.
Can I buy a gun with drug arrests on my record?
This is not a simple answer. Any felony conviction prohibits your from legal gun possession, but outside of felonies, there are several reasons to keep someone from being able to purchase a gun – one reason is being a drug addict. If you have several drug arrests in the past few years, this would support concerns of drug addiction. However, you can write to the clerk of the county court where you were convicted to obtain a copy of your drug convictions and find a local experienced criminal defense attorney who will likely give you a free consultation.
I regularly drink a tea made from Khat but I heard it’s illegal.
Khat, aka Abyssinian tea, Miraa, Qat, Gat Tohai, Kat, etc., has been widely available in the United States since 1995. The two active ingredients are cathinone and cathine, which are Schedule I and IV stimulants, respectively, of the federal Controlled Substances Act.
If you have been charged with drug offenses in King George or Spotsylvania, contact Susan Fremit now at 540-445-1299 for a free consultation.
This information does not constitute legal advice and is meant for information purposes only. Information provided is current as of post date and is subject to legislative change at any time.
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