If you or someone you know has been charged with possession of a schedule 2 substance, you may be unsure what this means or how it may affect you. Controlled substances are categorized using a schedule system—a hierarchy that ranks drugs by their intended medical usage as well as their addictive nature, potential for abuse, and likelihood of dependency. Substances at the top of the schedule (categories 1 and 2) are the most addictive and carry the heaviest penalties for possession.
Types Of Schedule 2 Substances
The controlled substances found in the schedule 2 category are potentially dangerous and addictive. Some may be prescribed by doctors, but others are used solely as non-medical drugs. Morphine, methamphetamine, and methadone are in this category, as are PCP and cocaine.
Schedule 2 Possession Penalties
While possession of drugs lower on the schedule (category 3 and below) carries a misdemeanor punishment, schedule 2 possession is a Class 5 felony. This may result in a fine, prison time, or both. The fine can range as high as $2500, while the jail sentence may be as long as 10 years.
Virginia First Time Offender Program
A schedule 2 substance possession charge does not have to guarantee a stay in prison or a fine. If first-time offenders in Virginia are willing to comply with a drug diversion program, they may have their case deferred or even dismissed. Typically, this requires that the offender undergo some changes, such as carrying a restricted or suspended driver’s license, performing community service, and submitting to random drug and alcohol tests. They may also have to seek substance abuse treatment and receive education about drug abuse.
Criminal Defense For Possession
A skilled criminal defense attorney has a number of avenues available to fight for you to reduce the penalties you suffer for a possession charge—or even have the case dismissed entirely. If you can provide a prescription for the substance, you automatically have a valid defense against the charge. In absence of this, a lawyer may be able to challenge the identification or amount of the drug, as well as whether it was obtained by unlawful search and seizure or that police misconduct was involved. The options for your defense will depend on your particular situation and the evidence available.
Reach Out To A Criminal Defense Attorney
If you are currently facing a schedule 2 substance possession charge, you may be feeling stressed and just want to get back to living your life. Reach out to an experienced criminal defense attorney who can fight on your behalf. You can discuss your unique case details and any evidence available with The Law Offices of Kermit A. Monge, who will compile an argument that best represents you in court. Get it touch to discuss your options and decide on the best course of action so that you will see as few penalties as possible by giving us a call at 571.559.7229 or requesting a consultation online.