Every year, thousands of people are faced with charges of Possession of a Schedule 2 Controlled Substance. Whether you or someone you know has been charged with drug possession or you are simply staying informed about the consequences of drug possession, knowing what sort of penalties are associated with Schedule 2 substances can be helpful.
What Is Classified As Schedule 2 Controlled Substance?
In order to create a consistent standard for the legal consequences of possessing a controlled substance, the DEA created a schedule system for drugs. The schedule functions as a hierarchy in which each substance is assigned a tier, with the first tier, or Schedule 1, being the most severe offense. The substances in Schedule 2 are still considered highly addictive and dangerous to an individual’s physical and mental health; however, unlike the items in Schedule 1, they typically have some medicinal use outside of their propensity for abuse.
Methamphetamine, methadone and morphine are considered Schedule 2 substances. However, non-medically therapeutic drugs like PCP and cocaine are also included in this category, as are Vicodin, Adderall and Ritalin.
Penalties For Possession Of Schedule 2 Controlled Substance In VA
If you have been charged with the possession of a Schedule 2 substance in Virginia, you may face several penalties. While the severity of these penalties will vary depending upon your unique situation, as well as the skill of the legal representation that you choose, you will find some consistencies among the verdicts delivered in Schedule 2 drug possession cases.
Classified As A Felony
One of the most important things to know about the possession of a Schedule 2 drug is that it is considered a felony in Virginia. A felony is a more serious violation than a misdemeanor, which would typically follow a charge of possession when the drug you are possessing is lower on the schedule.
A felony can have long-term impacts on your life, including leaving a record and forcing you to give up your driver’s license or professional license. Felonies also tend to carry stricter punishments in other areas, such as fines and prison time.
Must Pay A Fine
Paying a fine as part of a conviction for the possession of a controlled substance is relatively common. The amount that you will be required to pay varies based upon the schedule of the drug and the features of your case. Be prepared to commit some of your financial resources toward paying a fine in order to retain your financial health after a possession charge.
Fine Can Be Up To $2,500
For a Schedule 2 possession in Virginia, fines can range up to $2,500. It is not necessarily guaranteed that you will pay the maximum amount, but it is important to be aware of how high the fines may reach for you to adequately make decisions before your case is resolved.
Possible Prison Time
In addition to a fine you may also be incarcerated for a period of time if convicted. Paying a fine does not preclude you from also being sentenced to time in prison; both can occur for the same case.
The amount of the fine and the total time you are required to spend in prison will vary depending upon the details of your case and other factors such as whether this was your first offense.
Time Can Be As Long As 10 Years
The sentence for prison time can be up to a maximum of 10 years as a penalty for a Schedule 2 possession charge, depending on your circumstances. The judge may reduce this time if this is your first offense or if you agree to participate in remediation, such as by attending a drug rehabilitation and education program or performing community service.
Some states have options for first-time offenders to have their charges dropped or their penalties reduced if they agree to additional restrictions, such as temporarily losing their driver’s license or submitting to random drug tests.
Contact An Experienced Virginia Criminal Defense Attorney
Whether you are faced with Possession of a Schedule 2 Controlled Substance or you simply have a question about the process and penalties associated with a conviction, the best resource you have for comprehensive information is a criminal defense attorney skilled in the field of drug possession cases. It is important that you reach out as soon as possible after a drug possession charge in order to see the best chances of a favorable outcome.
The Law Offices of Kermit A. Monge would be happy to represent you in your Schedule 2 possession case. We will advocate for you to cast reasonable doubt based upon the available evidence; this may include questioning the amount or type of substance, whether it belonged to you, or even whether the charges placed against you were done so reasonably in accordance with your rights. Reach out to The Law Offices of Kermit A. Monge today by calling 571.559.7229 or requesting a consultation online.