2006 Code of Virginia § 18.2-250 - Possession of controlled substances unlawful

18.2-250. Possession of controlled substances unlawful.

A. It is unlawful for any person knowingly or intentionally to possess acontrolled substance unless the substance was obtained directly from, orpursuant to, a valid prescription or order of a practitioner while acting inthe course of his professional practice, or except as otherwise authorized bythe Drug Control Act ( 54.1-3400 et seq.).

Upon the prosecution of a person for a violation of this section, ownershipor occupancy of premises or vehicle upon or in which a controlled substancewas found shall not create a presumption that such person either knowingly orintentionally possessed such controlled substance.

(a) Any person who violates this section with respect to any controlledsubstance classified in Schedule I or II of the Drug Control Act shall beguilty of a Class 5 felony.

(b) Any person other than an inmate of a penal institution as defined in 53.1-1 or in the custody of an employee thereof, who violates this sectionwith respect to a controlled substance classified in Schedule III shall beguilty of a Class 1 misdemeanor.

(b1) Violation of this section with respect to a controlled substanceclassified in Schedule IV shall be punishable as a Class 2 misdemeanor.

(b2) Violation of this section with respect to a controlled substanceclassified in Schedule V shall be punishable as a Class 3 misdemeanor.

(c) Violation of this section with respect to a controlled substanceclassified in Schedule VI shall be punishable as a Class 4 misdemeanor.

B. The provisions of this section shall not apply to members of state,federal, county, city or town law-enforcement agencies, jail officers, orcorrectional officers, as defined in 53.1-1, certified as handlers of dogstrained in the detection of controlled substances when possession of acontrolled substance or substances is necessary in the performance of theirduties.

(Code 1950, 54-524.101:2; 1972, c. 798; 1973, c. 64; 1975, cc. 14, 15;1976, c. 614; 1978, cc. 151, 177, 179; 1979, c. 435; 1980, c. 285; 1991, c.649; 1998, c. 116.)