Possession of controlled substance by any person or individual in Hanover, Virginia is a criminal often set under VA code § 18.2-250. The law enforcement first prove that the accused person or individual is intentionally and knowingly possessed a drug or controlled substance. The government must also prove that the drug is a controlled substance according to the Drug Control Act. Possession of a controlled substance in Hanover, Virginia is punishable but it is also based on the schedule of the drugs.
Particularly drug crimes are of two types of distribution and possession. To convict a person the commonwealth has to prove three things. The substance or the drug found is illegal, the convicted person knew that the controlled substance is illegal, the convicted person has control over the drugs. This type of possession is extremely hard for the law enforcement agency to prove, because there is no evidence rather than the drugs are found in the house or in a bag. Normally the law enforcement agency investigate this matter with the statements of the convicted, by searching their car or their home. If the controlled substance is not found in the hand or in the pockets of the accused person and they are found in a backpack or a purse then this is a case of constructive possession.
Now the only way to prove this crime, is to prove the court that the accused person intentionally hide the substance in his house or in the bag or the accused person is accepting the crime. In Hanover, Virginia a controlled substance is defined in VA code under the section § 54.1-3401 as a drug. The Virginia law classifies these drugs or controlled substance into six schedules. In the medical community the schedule of the controlled substance is identified by its potential for risk, abuse and risk of dependence.
Possessions and Penalties
- Possession (VA code 18.2-2501.1) is charged as a class 1 misdemeanor, a 12 month jail and a $2500 fine.
- Distribution (VA code 18.2-248.1) states any kind of sale and the intent to sell, give, gift or distribute marijuana are charged as class 1 misdemeanor, a 12 month jail and a $2500 fine).
- Schedule 4 possession is a class 2 misdemeanor, for which the convicted is punishable for up to 6 months imprisonment and fine up to $2500.
- Schedule 5 possession is a class 3 misdemeanor, which may be punished with $500 fine.
- Marijuana found without a valid prescription come under VA code 18.2-251.1.
- Distribution or possession of more than one and a half ounce or more than five pounds is charged as a class 5 felony, 10 years in prison and a $2500 fine.
The charge of the possession of the controlled substance can be dismissed if the accused person completes the probation program. The Program requires a drug treatment, controlled substance abuse evaluation, community service, employment and alcohol and drug testing.