Virginia Drug Laws: Penalties, Charges & Treatment Options

§ 18.2-250

Under VA Code § 18.2-250, it is unlawful to knowingly or intentionally possess a controlled substance unless obtained pursuant to a valid prescription or as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

Classification: Class 5 Felony

Penalty: 1–10 years imprisonment, or in the discretion of the jury or court, up to 12 months jail and/or up to $2,500 fine

Notes: First Offender eligible under § 18.2-251.

Classification: Class 1 Misdemeanor

Penalty: Up to 12 months jail and/or up to $2,500 fine

Classification: Class 2 Misdemeanor

Penalty: Up to 6 months jail and/or up to $1,000 fine

Classification: Class 3 Misdemeanor

Penalty: Fine up to $500

Classification: Class 4 Misdemeanor

Penalty: Fine up to $250

§ 18.2-266

Virginia Code § 18.2-266 prohibits operating a motor vehicle while under the influence of alcohol, drugs (including prescription medications), or any combination thereof. The statute covers DUI, DWI, and DUID (Driving Under the Influence of Drugs) under a single code section. There is no separate per se limit for drug concentration; impairment is assessed through field sobriety tests, Drug Recognition Expert (DRE) evaluations, and blood toxicology.

0.08% (0.02% for under 21; 0.04% for commercial drivers)

§ 18.2-270

Virginia is an implied consent state under § 18.2-268.2; refusal to submit to breath/blood test results in automatic license suspension.

DUID charges apply to any substance—illegal drugs, prescription medications, or over-the-counter drugs—that impairs the driver's ability to safely operate a vehicle.

Virginia has a Statewide Standing Order for Naloxone and Other Opioid Reversal Agents issued by the State Health Commissioner, allowing any individual to obtain naloxone nasal spray, injectable naloxone, or nalmefene nasal spray from participating pharmacies without a personal prescription. The Virginia Department of Health also operates a no-cost naloxone distribution program through community partners.

• Pharmacies may dispense naloxone pursuant to the State Health Commissioner's Standing Order without a patient-specific prescription.
• The Virginia Board of Pharmacy Naloxone Protocol governs dispensing requirements, labeling, and recordkeeping.
• House Bill 342 (2024) requires state agencies to possess naloxone and permits state employees to administer it.
• Community organizations can receive free naloxone through the VDH Opioid Reversal Agent Distribution Program.
• Liability protections exist for prescribers, dispensers, and persons who administer naloxone in good faith.

Virginia Department of Health (VDH)

https://www.vdh.virginia.gov/naloxone/

§ 18.2-254.1

Recovery Court Act

Virginia operates a statewide network of Recovery Courts (formerly Drug Courts) under the Recovery Court Act (§ 18.2-254.1). These specialty courts provide judicially supervised treatment programs as alternatives to incarceration for eligible substance use disorder offenders. The Virginia Supreme Court's Office of the Executive Secretary oversees the program through the Department of Judicial Services.

• Adult Recovery Courts (formerly Adult Drug Treatment Courts)
• Juvenile Recovery Courts
• Family Recovery Courts
• DUI Recovery Courts
• Veterans Treatment Dockets
• Behavioral Health Dockets

Multiple jurisdictions statewide including Norfolk, Henrico, Chesterfield, Charlottesville/Albemarle, Smyth, Buchanan, Dickenson, Russell, and Tazewell counties among others.

Effective July 2024, individuals charged with or convicted of certain felony offenses involving weapons, death, or serious bodily injury are ineligible. Prior convictions involving force against another person may also disqualify participation.

https://www.vacourts.gov/courtadmin/aoc/djs/programs/sds/programs/rc/home

Virginia imposes mandatory minimum sentences for several drug offenses, particularly for manufacturing, distribution, and repeat offenses involving Schedule I and II substances.

• Second offense manufacturing/distributing Schedule I or II — Mandatory Minimum: 3 years imprisonment
• Third or subsequent offense manufacturing/distributing Schedule I or II — Mandatory Minimum: 10 years imprisonment
• Manufacturing/distributing large quantities (100g+ heroin, 500g+ cocaine, 10g+ meth) — Mandatory Minimum: 5 years imprisonment
• DWI 2nd offense within 5 years — Mandatory Minimum: 20 days (1 month confinement)
• DWI 3rd offense within 10 years — Mandatory Minimum: 90 days (6 months if within 5 years)
• DWI 4th or subsequent offense — Mandatory Minimum: 1 year imprisonment

Va Code: § 18.2-251

Title: First Offender — Deferred Disposition

Description: Virginia Code § 18.2-251 allows a person charged with drug possession who has no prior drug-related convictions to enter a deferred disposition program. The court, without entering a judgment of guilt, may place the defendant on probation with conditions. Upon successful completion, the charge is dismissed.

Eligibility: First-time drug possession offenders with no prior convictions for narcotic drugs, marijuana, or stimulant/depressant/hallucinogenic drug offenses.

Outcome: Upon successful completion, the court dismisses the charge. The individual does not have a drug conviction on their record.

See drug_courts section — Recovery Courts provide judicially supervised treatment as an alternative to incarceration.

Under § 18.2-251.01, courts may order substance abuse screening and assessment for any person convicted of or placed on community supervision for a drug offense, with treatment recommendations incorporated into sentencing or supervision conditions.

2024: SB 746: Enacted involuntary manslaughter charges for drug distribution resulting in death from fentanyl or fentanyl analogues (§ 18.2-36.4), carrying 1–10 years imprisonment.

2024: Pill press legislation: Possession or sale of pill presses with intent to manufacture counterfeit controlled substances classified as a Class 6 felony.

2024: HB 342: State agencies required to possess naloxone or other opioid antagonists; state employees permitted to administer naloxone.

2024: Recovery Court eligibility restrictions: Individuals charged with felonies involving weapons, death, or serious bodily injury excluded from participation (effective July 1, 2024).

2025: HB 2319: Legalized drug-checking products including fentanyl test strips, previously classified as illegal paraphernalia.

2025: HB 2308: Added restrictions on the distribution of nitrous oxide to address recreational misuse.

2025: Retail cannabis legislation advancing: General Assembly working toward establishing a regulated retail marijuana market, with Governor Spanberger pledging to sign enabling legislation.