Yes. Gabapentin is a controlled substance in Virginia, classified as Schedule V under the state’s Drug Control Act since July 1, 2019.1Virginia Code Commission. Virginia Code 54.1-3454 – Schedule V That means you need a valid prescription to possess it, every prescription gets reported to a state database, and holding someone else’s pills can result in a criminal charge. Federal law takes a different view — the U.S. Drug Enforcement Administration does not list gabapentin as a controlled substance at all2U.S. Drug Enforcement Administration. Gabapentin Drug and Chemical Information — but Virginia regulates it independently, and the state’s rules are what apply to you here.
What Schedule V Means in Virginia
Schedule V is the lowest tier of controlled substances in Virginia, reserved for drugs with accepted medical uses and relatively low abuse potential compared to Schedules I through IV. Gabapentin is listed by name in § 54.1-3454 as a depressant substance on that schedule.1Virginia Code Commission. Virginia Code 54.1-3454 – Schedule V Being on the bottom rung still carries real consequences: dispensing procedures, record-keeping, and criminal liability for unauthorized possession or distribution all apply.
Virginia is one of roughly seven states that have independently scheduled gabapentin. Kentucky, Tennessee, and West Virginia moved first in 2017 and 2018, followed by Virginia, North Dakota, and Michigan. A prescription filled lawfully in a non-scheduling state remains valid when you cross into Virginia, but the dispensing and reporting rules you encounter at a Virginia pharmacy will be the state’s controlled substance rules.
Penalties for Possession Without a Prescription
Possessing gabapentin without a valid prescription is a Class 3 misdemeanor under § 18.2-250.3Virginia Code Commission. Virginia Code 18.2-250 – Possession of Controlled Substances Unlawful A Class 3 misdemeanor carries a fine of up to $500 and no jail time. For comparison, possession of a Schedule IV drug is a Class 2 misdemeanor that can bring jail time, and Schedule I or II possession is a felony.
The fine-only penalty is modest, but a conviction still produces a criminal record. People sometimes assume that because gabapentin is not federally scheduled, holding a few of someone else’s pills is a non-issue. In Virginia, it is a criminal charge.
Penalties for Distribution
Sharing gabapentin is treated more seriously than possessing it. Under § 18.2-248, unlawful distribution of a Schedule V substance is a Class 1 misdemeanor, which carries up to 12 months in jail and a fine of up to $2,500.4Virginia Code Commission. Virginia Code 18.2-248 – Manufacturing, Selling, Giving, Distributing, or Possessing With Intent to Distribute a Controlled Substance The same penalty applies to passing off an imitation substance as a Schedule V drug.
Note the word “giving” in the statute. Handing a few pills to a friend or family member who ran out of their own prescription falls under distribution, not possession. That shifts the exposure from a fine to a potential year in jail.
How Prescriptions Work
Gabapentin can only be obtained legally with a prescription from a licensed prescriber, and pharmacists dispense it under the Schedule V procedures referenced in § 54.1-3416.1Virginia Code Commission. Virginia Code 54.1-3454 – Schedule V Pharmacies verify the prescription, keep records of each transaction, and handle refills under the same controlled substance framework used for other Schedule V medications.
If you moved to Virginia from a state that does not schedule gabapentin, your existing prescription remains valid. Your new pharmacy will simply process it under Virginia’s rules from that point forward.
Prescription Monitoring Program Reporting
Every gabapentin prescription dispensed in Virginia is reported to the state’s Prescription Monitoring Program within 24 hours of being filled.5Virginia Regulatory Town Hall. FAQ on PMP for Vet Med The report includes patient identifying information, the drug and quantity, the prescriber and dispenser, how the prescription was paid for, and the dispensing date.
The PMP lets prescribers and pharmacists see a patient’s recent controlled substance history before writing or filling a new prescription. For patients, it means your gabapentin fills are visible across providers. If you see more than one doctor, assume each has access to the same picture.
Drug Testing
Standard workplace and DOT drug panels do not screen for gabapentin. The five-panel and ten-panel tests used in most employment and transportation contexts cover substances like opioids, amphetamines, and cannabinoids. Gabapentin is not on those panels unless an employer specifically adds it, which some do for safety-sensitive roles. Virginia’s Schedule V classification affects prescribing, dispensing, and criminal law — it does not change what employers are required to test for. If you are tested on a custom panel that does include gabapentin, your valid prescription is the defense, and the PMP record documents it.