Selective Summary of Laws Governing Alcohol and Drugs Commonwealth of Virginia
(Virginia Code sections referenced)
- These laws are just some examples of potential charges and consequences and not an exhaustive list.
- This document is not meant to provide legal advice.
Alcohol
The minimum legal age in Virginia for the purchase, possession, or consumption of alcoholic beverages is 21 years of age.
| Violation | Possible Penalty |
|---|---|
| Possession or consumption under 21 (4.1-305) | Class 1 misdemeanor -- mandatory loss of driver's license for six months (up to 1 year) and mandatory minimum $500 fine or 50 hours community service. The judge may allow the violator to drive under a restricted license. Also, they may receive a fine up to $2,500 and/or up to one year in prison. |
| Use of fraudulent driver's license ID to purchase alcoholic beverages (4.1-305) | Class 1 misdemeanor -- mandatory loss of driver's license for six months (up to 1 year) and mandatory minimum $500 fine or 50 hours community service. Also, anyone who possesses a fake ID to purchase alcohol may pay fine up to $500. |
| Drinking in Public* (4.1-308) NOTE: The definition of a public place includes any sidewalk adjoining a public street. (4.1-100; 4.1-128) |
Class 4 misdemeanor -- fine not to exceed $250 |
| Purchase of alcoholic beverages for interdicted or intoxicated individuals (4.1-306) | Class 1 misdemeanor -- mandatory loss of driver's license for up to 1 year and fine not to exceed $2,500 and/or jail for up to 12 months |
| Purchasing, giving, or assisting in providing alcohol to person under 21 (4.1-306) | Class 1 misdemeanor -- mandatory loss of driver's license for up to 1 year and fine not to exceed $2,500 and/or jail for up to 12 months. Also, anyone who sells alcohol to a minor without knowledge, but also without checking their identification gets a fine up to $500. |
| Purchase, possession, use, selling, or offering for sale or use powdered or crystalline alcohol (4.1-302.2) | Class 1 misdemeanor -- possible jail for up to 12 months and/or a fine of up to $2,500 |
| Consuming alcoholic beverages while driving motor vehicle (18.2-323.1) | Class 4 misdemeanor -- fine not to exceed $250 |
| Driving after illegally consuming alcohol under age 21-.02% BAC or more constitutes a violation; requires no showing of impaired driving (18.2-266.1, 46.2-391.2) |
Class 1 misdemeanor -- suspension of driver's license for one year and either a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. Also, attend VASAP educational program. |
| Driving under the influence of alcohol or drugs (DUI); .08% BAC presumes alcohol intoxication, but can be convicted on lower BAC; specified levels of certain drugs also presume intoxication (18.266-270, 46.2-391.2) |
Class 1 misdemeanor -- fine not to exceed $2500 (mandatory minimum of $250) and/or jail for 12 months, and loss of driver's license for 1 year, in addition to automatic, administrative 7-day license suspension upon arrest or refusal to take a breath test and immediate vehicle impound. Ignition interlock system may be required for restricted license after the 1st offense and is mandatory after the 2nd offense. Attend VASAP educational program. |
| Driving on Restricted permit with BAC of .02 or more (18.2-272, 46.2-389/391) | Class 1 misdemeanor -- fine not to exceed $2,500 and/or jail for 12 months, and loss of driver's license for 1-3 years |
| Driving under the influence of alcohol with passenger age seventeen (17) or younger (18.2-266, 18.2-270) | Class 1 misdemeanor -- with additional fine of $500 to $1,000 and mandatory minimum five days in jail |
| Unreasonable refusal to take breath test (18.2-268.3/4) | First offense is civil offense with a loss of driver's license for 1 year in addition to administrative suspension. Subsequent violations within 10 years of prior guilty violations are Class 1 misdemeanor offenses with revocation of driver's license for up to three years aand a fine not to exceed $2,500 aand/or jail for 12 months. |
| Maiming (i.e., causing serious bodily injury) of another resulting from driving while intoxicated (18.2-51.4) | Class 6 felony -- 1 to 5 years prison or 12 months jail and/or $2,500 fine. Under egregious circumstances, charge could be a Class 4 felony with penalties increased to 2-10 years in prison and up to $100,000 fine. Also, the driver's license of anyone convicted under this section will be revoked. |
*Note: Virginia law provides for arrest without warrant at any location within three hours of the occurrence of an accident if there is probable cause of driver intoxication.
Drugs
| Violation | Possible Penalty |
|---|---|
|
Retail Tobacco Products and Hemp Products intended for Smoking - Sale or distribution to persons under age 21 (18.2-371.2) |
Civil penalty of $500 for first violation; $2500 for second or subsequent violation within 3-year period. |
|
Retail Tobacco Prodcuts and Hemp products Intended for Smoking - Possession by persons under 21 (18.2-372.2:1) |
Seizure of contraband |
|
Marijuana - sale, gift, distribution or possession with intent to sell, give,or distribute (18:2-248.1) |
Class 1 misdemeanor for 1 ounce or less; up to 12 month jail and/or $2,500 fine. Class 5 felony for more than 1 ounce - 5 pounds; 1 to 10 years in prison, or up to 1 year in jail; and/or up to $2,500 fine. Felony for more than 5 pounds; not less than 5 years nor more than 30 years in prison. |
|
Unlawful possession of controlled substance (18.2-250) |
Class 5 felony; 1 to 10 years prison; or up to 12 months jail; and/or up to $2,500 fine
|
|
Classified Schedule I or II Substance of the Drug Control Act Classfied Scheduled III Substance of the Drug Control Act Classified Scheduled IV Substance of the Drug Control Act Classified Schedule V Substance of the Drug Control Act |
Class 1 misdemeanor; up to 12 months in jail and/or up to $2,500 fine Class 2 misdemeanor; up to 6 months in jail and/or up to $1,000 fine Class 3 misdemeanor; up to $500 fine Class 4 misdemeanor; up to $250 fine |
|
Cannabimimetic Agent Possession (18.2-250(a), 51.4-3446) |
Class 1 misdemeanor; up to 12 months jail and/or up to $2,500 fine |
|
Manufacture/Sale/Gift/Distribution or Possession with Intent to Manufacture/Sell/Give/Distribute (18.2-248) Classified Schedule I or II Substance of the Drug Control Act Classified Schedule III Substance of the Drug Control Act Classified Schedule IV Substance of the Drug Control Act Classified Schedule V or VI Substance (or an imitation controlled substance classified as in Schedule V or VI) Imitation Controlled Substance imitating controlled substance classified in Schedules I, II, III, or IV |
Felony; not less than 5 nor more than 40 years and a fine of not more than $500,000 Class 5 felony; 1 to 10 years in prison; or up to 12 months in jail; and up to $2,500 fine Class 6 felony; 1 to 5 years in prison; and/or up to 12 months in jail; and up to $2,500 fine Class 1 misdemeanor; up to 12 months in jail and/or up to $2,500 fine Class 6 felony; 1 to 5 years in prison, and/or up to 12 months in jail; and up to $2,500 fine |
|
Anabolic Steroids Sale/Distribution (18.2-248.5) |
Not less than one year nor more than 10 years prison or 12 months jail and/or up to $20,000 fine |
|
GHB (Date Rape Drug) Manufacture/Sale/Gift/Distribution or Possession with Intent to Sell (18.2-251.3) |
Class 3 felony -- 5 to 20 years prison and up to $100,000 fine |
|
Sale/Distribution/or Possession with Intent to Sell, Give, or Distribute on or near school property (Imitation/Controlled Substances or any amount of Marijuana) (18.2-255.2) |
Felony - not less than 1 nor more than 5 years prison and not more than $100,000 fine |
|
Paraphernalia - Possession/Distribution (18.2-265.3, 54.1-3466) |
Class 1 misdemeanor; up to 12 months jail and/or up to $2,500 fine |
NOTE: The Virginia Drug Control Act places controlled substances into five categories called "schedules." (Va Code Sections 54.1-3446 through 54.1-3456.1)
Classification Chart (not all inclusive, see Schedules for exhaustive list)
- Schedule 1 drugs have high potential for abuse and no accepted medical use and include heroin and LSD.
- Schedule II drugs have high potential for abuse and severe dependence but have a currently accepted medical use. Schedule II drugs include fetanyl, PCP, cocaine, methadone, methamphetamine, and codeine.
- Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency, and an accepted medical use. Anabolic steroids and buprenorphine fall into this category.
- Schedule IV drugs have less potential for abuse than Schedule III drugs, a limited potential for dependency, and are accepted in medical treatment. Schedule IV drugs include Valium (diazapam), Xanax (alprazolam), and other tranquilizers and sedatives.
- Schedule V drugs have a low potential for abuse, limited risk for dependency and accpeted medical uses. These include drugs like cough medicines with codeine.
- Schedule VI includes certain substances which are not "drugs" in the conventional sense, but are nonetheless used, or abused, recreationally; these include toluene and similar inhalants such as amyl nitrate ("poppers"), butyl nitrite, and nitrous oxide.
NOTE: Virginia allows an affirmative defense to prosecution for simple possession of illegal drugs or paraphernalia, public intoxication, or unlawful possession, purchase, or consumption of alcohol for reporting of overdose. Affirmative defense to prosecution only applies if, in good faith, an individual seeks emergency medical attention for self or another person for a life-threatening condition resulting from the consumption or use of alcohol, a controlled substance, or combination of substances by reporting the overdose to 911, law enforcement or firefighter, emergency services medical personnel, or renders emergency care or assistance to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention. Individual must remain at the scene until law-enforcement responds, identify himself/herself, AND the affirmative defense can apply only if the evidence for the prosecution of an offense was obtained as a result of the individual seeking emergency medical attention or rendering emergency care or assistance. (18.2-251.03)
NOTE: It is unlawful for any person to hold a hand-held personal communications device while driving a motor vehicle on the highways in Virginia. Va Code Section 46.2-818.2
Summary of Federal Drug Penalties
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute. Penalties under federal law range from less than one year to life imprisonment and/or $1,000 to $4 million fines for first offenses. Penalties may include forfeiture of property, including vehicles used to possess, transport or conceal a controlled substance, and forfeiture of Federal benefits, including student loans. A drug conviction may also result in future denial of professional licenses.
NOTE: A special sanction is provided for distribution and manufacturing near universities. Under federal law, any person who distributes, possesses with intent to distribute, or manufacture a controlled substance on or within one thousand feet of a university is subject to double the applicable maximum punishment. (21 U.S.C. §860)