What Is Virginia Code 18.2-250? Penalties, Defenses, and Dismissal

Virginia Code § 18.2-250 makes it a crime to knowingly and intentionally possess a controlled substance without a valid prescription. Penalties depend entirely on the drug’s schedule: a Schedule VI substance brings a fine of up to $250, while a Schedule I or II substance like heroin, cocaine, or fentanyl is a Class 5 felony carrying one to ten years in prison. The statute recognizes several defenses, and first-time offenders can often avoid a conviction entirely through a deferred-dismissal program.¹

What the Statute Makes Illegal

To convict you under § 18.2-250, the Commonwealth has to prove two things: you possessed a controlled substance, and you did so knowingly and intentionally without legal authorization.¹ If you did not know a substance was in your bag, or you reasonably believed it was something legal, the mental element fails. Prosecutors usually prove knowledge through circumstantial evidence: where the drugs were found, how you reacted, and anything you said at the scene.

Possession comes in two forms. Actual possession means the drugs were on your person. Constructive possession means they were somewhere you controlled and knew about, like a locked glove compartment or a nightstand drawer in your bedroom. The hard cases are shared spaces. When drugs turn up in an apartment with multiple roommates or a car full of passengers, mere presence is not enough.

The statute spells this out directly: owning or occupying the property where drugs are found does not create a presumption of possession.¹ Being the registered owner of the car or the leaseholder on the apartment is relevant, but it cannot alone sustain a conviction. The factfinder still has to conclude you knew the drugs were there and had the ability and intent to control them.

Penalties by Drug Schedule

Section 18.2-250 ties the offense class to the drug’s schedule.

Schedule I and II. Possession is a Class 5 felony. The category includes heroin, cocaine, methamphetamine, fentanyl, and opioids held without a prescription.¹ There is no minimum quantity; a trace amount is enough to charge. A Class 5 felony carries one to ten years in prison, but the court or jury has discretion to reduce the sentence to up to twelve months in jail, a fine of up to $2,500, or both.² First-time offenders without aggravating circumstances often receive the reduced track, but no judge is required to grant it.

One narrow carve-out: cannabimimetic agents, the synthetic cannabinoids sold as “K2” or “Spice,” are a Class 1 misdemeanor rather than a felony, so long as the person charged is not an inmate of a correctional facility. Inmates who possess any Schedule I, II, or III substance face the full Class 5 felony penalty regardless of the drug.¹

Schedules III through VI. The lower schedules carry misdemeanor penalties that decline as the schedule number rises:

Schedule III is a Class 1 misdemeanor: up to twelve months in jail, a fine of up to $2,500, or both. Certain anabolic steroids and moderate-abuse prescription drugs fall here.
Schedule IV is a Class 2 misdemeanor: up to six months in jail, a fine of up to $1,000, or both. Many benzodiazepines and sleep aids are in this schedule.
Schedule V is a Class 3 misdemeanor: a fine of up to $500, no jail time.
Schedule VI is a Class 4 misdemeanor: a fine of up to $250, no jail time.

The classifications come from § 18.2-250 itself, and the maximum sentences come from Virginia’s general misdemeanor statute, § 18.2-11.³ Even the lower misdemeanor convictions create a criminal record that shows up on background checks, and a Class 1 misdemeanor is a more serious matter than its label suggests.

Where Marijuana Fits Now

Virginia legalized adult marijuana possession in 2021, and § 18.2-250 generally no longer reaches personal-use amounts. Under § 4.1-1100, anyone 21 or older may possess up to one ounce on their person or in any public place.⁴ Between one and four ounces in public is a $25 civil fine, not a crime.⁵

Larger amounts still carry criminal consequences, but through Title 4.1 rather than § 18.2-250. More than four ounces but not more than a pound in public is a Class 3 misdemeanor on a first offense and a Class 2 misdemeanor afterward. More than a pound is a felony punishable by one to ten years in prison and a fine of up to $250,000.⁴ The one-ounce public limit does not restrict what you keep inside your own residence. People under 21 have no legal right to possess marijuana at all and are handled under a separate civil-penalty framework.

Defenses That Can Defeat the Charge

The cleanest defense is a valid prescription. Section 18.2-250 does not apply when you obtain the substance from a licensed practitioner acting in the normal course of their practice.¹ If your doctor prescribed oxycodone after surgery, your possession is lawful. The statute also protects substances held through the Drug Control Act’s other authorization channels, which covers pharmacists, researchers, and healthcare providers handling controlled substances as part of licensed work.

The statute does not require you to keep medication in its original pharmacy container, but as a practical matter a labeled bottle resolves most questions on the spot. Loose pills in an unmarked bag invite exactly the kind of scrutiny that leads to an arrest, even when a legitimate prescription exists.

Lack of knowledge is the other core defense. Because the statute demands knowing and intentional possession, evidence that the drugs belonged to someone else, were hidden where you would not have found them, or were in a space you shared with others can defeat the charge. The prosecution’s circumstantial case about control and awareness is often the weakest link, especially in shared vehicles or residences.

Virginia also preserves a narrow medical marijuana defense under § 18.2-251.1. A person is exempt from prosecution under § 18.2-250 for possessing marijuana or THC when the possession is pursuant to a valid prescription from a medical doctor for the treatment of cancer or glaucoma.⁶ Virginia’s broader medical cannabis program now operates under Title 4.1, but this statutory protection remains available for patients with those specific conditions.

First-Offender Deferred Dismissal

Virginia gives most first-time possession defendants a path to avoid a conviction entirely. Under § 18.2-251, if you have no prior drug-related convictions and have never previously used the program, the court can defer proceedings, place you on probation, and ultimately dismiss the charge without entering a guilty finding.⁷ This applies to both felony and misdemeanor charges under § 18.2-250.

Entering the program requires either a guilty plea or a not-guilty plea where the court finds facts sufficient to justify guilt, and you must consent to the deferral. The court then sets probation conditions:

A substance abuse assessment, with placement in a treatment or education program based on the result.
Remaining drug- and alcohol-free throughout probation and submitting to testing.
Community service of at least 100 hours for a felony charge, or up to 24 hours for a misdemeanor.
Reasonable efforts to find and keep a job.
Payment for the screening, assessment, and treatment unless the court finds you indigent.

Complete every condition and the court dismisses the charge. The dismissal is not an acquittal, though. It counts as a prior use of the program, so § 18.2-251 is a one-time option. If you violate any condition during probation, the court can enter the guilty finding and sentence you as if the deferral never happened.⁷ A missed drug test or a skipped treatment session can turn a dismissed charge into a conviction.

Overdose Reporting Immunity

Virginia’s overdose immunity law, § 18.2-251.03, protects you from arrest and prosecution for possession under § 18.2-250 if you seek emergency medical help during an overdose. The protection runs to the person overdosing and to any bystander who calls 911 or administers naloxone.⁸

Four conditions must all be met:

You seek help in good faith by calling 911, contacting emergency medical services, or administering naloxone or CPR.
You remain at the scene, or wherever the person has been transported, until a law enforcement officer responds.
You identify yourself to the responding officer.
The evidence supporting any drug charge against you was discovered as a result of the emergency response, not through an independent investigation.

The immunity reaches possession, public intoxication, paraphernalia possession, and even involuntary manslaughter if the person dies. It also blocks revocation of probation, parole, or a suspended sentence based on the protected conduct. The protection does not apply when the overdose occurs during the execution of a search warrant or a lawful arrest already in progress.⁸

Consequences That Outlast the Case

A conviction under § 18.2-250 carries federal consequences Virginia judges cannot waive. Under 18 U.S.C. § 922(g)(3), any person who is an “unlawful user of or addicted to any controlled substance” is barred from possessing or purchasing firearms or ammunition.⁹ The ban applies for as long as you are a current unlawful user, and a recent possession conviction is treated as strong evidence of current use during federal background checks. A felony drug conviction can also disqualify you from federal employment, certain professional licenses, public housing, and immigration benefits including naturalization.

Record sealing offers some relief going forward. Beginning July 1, 2026, Virginia’s new framework under § 19.2-392.5 creates both automatic and petition-based sealing processes.¹⁰ Marijuana possession offenses, both criminal and civil, are automatically sealed, as are misdemeanor non-convictions including acquittals and dismissals with prejudice. Certain misdemeanor and felony convictions, along with deferred dismissals under § 18.2-251, can be sealed by petition. Class 5 felony drug possession convictions may qualify, since the exclusions focus on the most serious felony classes (1 through 4), violent crimes, and sex offenses. Once sealed, a record can be legally denied on most job applications and to most state and local government agencies, and background check companies are prohibited from reporting it. Exceptions remain for law enforcement positions, certain licensed professions, and security-clearance investigations.¹¹

1
Virginia Code Commission. Virginia Code 18.2-250 – Possession of Controlled Substances Unlawful
2
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
3
Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
4
Virginia Code Commission. Virginia Code – Chapter 11 – Possession of Retail Marijuana
5
Virginia Cannabis Control Authority. Cannabis Laws in Virginia Overview
6
Virginia Code Commission. Virginia Code 18.2-251.1 – Possession or Distribution of Marijuana for Medical Purposes Permitted
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Virginia Code Commission. Virginia Code 18.2-251 – Persons Charged with First Offense May Be Placed on Probation
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Virginia Code Commission. Virginia Code 18.2-251.03 – Arrest and Prosecution When Experiencing or Reporting an Overdose or Act of Sexual Violence
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Virginia State Crime Commission. Sealing of Criminal Records
11
Virginia Code Commission. Virginia Code – Chapter 23.2 – Sealing of Criminal History Record Information