• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • Case Results
  • Resources
  • Blog
  • Contact
3915 Blenheim Boulevard Suite 21D Fairfax, VA 22030
703.273.5500
KM Law Logo

Law Offices of Kermit A. Monge, PLLC

Fairfax Criminal Defense Attorney

  • DUI / DWI
  • Criminal Defense
    • Assault & Battery Defense
      • Malicious Wounding
    • Drug Crimes & Violations
      • Possession Of A Controlled Substance
        • Schedule 1 Controlled Substances
        • Schedule 2 Controlled Substances
        • Schedule 3 Controlled Substances
        • Schedule 4 Controlled Substances
        • Schedule 5 Controlled Substances
        • Schedule 6 Controlled Substances
      • Possession Of Drug Paraphernalia
    • Theft & Larceny Defense
      • Shoplifting
    • Traffic Defense
      • Driving With A Suspended License
      • Driving Without A License
      • Eluding The Police
      • Hit & Run Defense
      • Reckless Driving
      • Speeding Ticket Defense
      • Traffic Ticket Defense
  • Immigration Law
    • Employment Visas
      • A Visas
      • A-1 Visa
      • A-2 Visa
      • A-3 Visa
      • EB-1A Visa
      • EB-1B Visa
      • EB-1C Visa
      • EB-2 Visa
      • EB-3 Visa
      • EB-4 Visa
      • EB-5 Visa
      • H-1B Visa
      • L-1 Visas
      • L-1A Visa
      • L-1B Visa
      • L-2 Visa
      • O Visa
      • Q Visa
    • Fiance Visas
      • K-1 Visa
      • K-2 Visa
      • K-3 Visa
    • Non-Immigrant Visas
      • P-1A Visa
      • P-1B Visa
      • P-2 Visa
      • P-3 Visa
      • P-4 Visa
      • U Visas
    • Student Visas
      • F-1 Visa
      • J-1 Visa
      • M-1 Visa
    • Visitor Visas
      • B-1 Visa
      • B-2 Visa
    • Green Cards
      • Employment Based Green Card
      • Family Based Green Card
      • Waivers
    • Removal Defense
      • Asylum
      • Cancellation Of Removal
      • Special Immigrant Juvenile Status
  • Other Areas of Practice
    • Family Law
    • Business Law
  • Request Consultation
  • Request Consultation

Possession Of A Controlled Substance

Unless legally prescribed by a practitioner, the possession of a controlled substance is a Class 5 Felony. Learn more here:

Read More

Home › Drug Crimes & Violations › Possession Of A Controlled Substance

Prescription bottles in a pileWhen someone owns or otherwise possesses a controlled substance that is illegal to have without justification (like a prescription), they may be subject to legal consequences for possession of a controlled substance.

Even if they do not have any intention to use illegal drugs themselves, if a person is shown to be creating, manufacturing, or moving drugs with the intent of giving or selling them to others, they can be charged with distribution.

Controlled Substance Classifications

The penalties for possession of a controlled substance will vary depending on which schedule the drugs in question are categorized as. The scheduling system ranks drugs according to their acceptable medical use and their abuse or dependence potential.

Possession Class Penalties (Code Of Virginia § 18.2-248)
Schedule I/II Class 5
Felony
1-10 years of imprisonment or confinement in jail for up to 12 months & a $2,500 fine (either or both)
Schedule III Class 1 Misdemeanor Confinement in jail for up to 12 months & a $2,500 fine (either or both)
Schedule IV Class 2 Misdemeanor Confinement in jail for up to 6 months & a $1,000 fine (either or both)
Schedule V Class 3 Misdemeanor Up to a $500 fine
Schedule VI Class 4 Misdemeanor Up to a $250 fine

Schedule 1 Controlled Substances

Drugs in the schedule 1 class are the most potent in terms of abuse potential. They have no independent medical use and include heroin, LSD, ecstasy, and methaqualone. Because these drugs are not used for medical treatment, there is no legal justification for possessing them, and they will carry the most severe penalties.

View Schedule 1 Substances

Schedule 2 Controlled Substances

While schedule 2 drugs do see use as medicines to treat conditions like pain and inflammation, they have a high risk of dependency and can cause severe psychological or physical changes. Drugs in this category include some well-known substances like Dilaudid, OxyContin, fentanyl, Adderall and Ritalin.

View Schedule 2 Substances

Schedule 3 Controlled Substances

Drugs belonging to the schedule 3 categories still have the potential for dependence and abuse, but they are less commonly abused than schedule 1 and schedule 2 substances. They are frequently prescribed to many people and are more widely accessible. Schedule 3 substances include codeine, ketamine, anabolic steroids and even testosterone.

View Schedule 3 Substances

Schedule 4 Controlled Substances

Schedule 4 drugs have a low risk of dependence and abuse, but the risk is still present. These frequently prescribed medications include Tramadol, Ambien, Ativan, Valium and Xanax, among others.

View Schedule 4 Substances

Schedule 5 Controlled Substances

Person picking up controlled substances Drugs in the schedule 5 categories have a low risk of abuse and are less commonly abused than schedule 4 substances.

They are generally used for anti-diarrheal or analgesic purposes and fit into controlled substance rubrics because they contain limited quantities of some narcotics. Robitussin, Motofen and Lyrica are included in this category.

View Schedule 5 Substances

Schedule 6 Controlled Substances

Drugs with a particularly low risk of dependency are classified as schedule 6. The primary substance in this category is marijuana.

View Schedule 6 Substances


Speak To An Experienced Criminal Defense Attorney

If you have been or suspect that you will be investigated for possession or distribution of a controlled substance, it is important to work with a skilled criminal defense attorney who will fight aggressively on your behalf. The penalties for possession and distribution vary depending on the drug’s place in the scheduling system, but even charges for schedule 1 or schedule 2 substances can be mitigated with the help of an experienced Fairfax criminal defense attorney.

Reach out to The Law Offices of Kermit A. Monge for assistance in reducing or even dismissing the charges against you. Your association with controlled substances does not have to define you. Call today by phone at 703.273.5500 or request a consultation online.

Primary Sidebar

Contact Us

  • This field is for validation purposes and should be left unchanged.

Lawyer Consulting a client

Request a Consultation

Kermit Monge Headshot
Kermit A. Monge
  • This field is for validation purposes and should be left unchanged.

Footer

KM Law Logo
3915 Blenheim Boulevard Suite 21D Fairfax, VA 22030
703.273.5500

Practice Areas

  • Business Law
  • Criminal Defense
  • Family Law
  • Immigration Law
  • Personal Injury

Immigration Law

  • Employment Visas
  • Fiance Visas
  • Student Visas
  • Visitor Visas
  • Green Cards
  • Removal Defense

Criminal Defense

  • Assault & Battery Defense
  • Drug Crimes & Violations
  • Traffic Defense
  • Theft & Larceny Defense

© 2025 The Law Offices of Kermit A. Monge, PLLC · Powered by 321 Web Marketing · Website Privacy Policy & Terms of Use