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) | 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 $2500 and/or up to one year in prison. |
| Use of fraudulent driver's license ID to purchase alcoholic beverages (4.1-305) | 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) |
Misdemeanor -- fine not to exceed $250 |
| Purchase of alcoholic beverages for intoxicated individuals (4.1-306) | Misdemeanor -- mandatory loss of driver's license for up to 1 year AND fine not to exceed $2500 and/or jail for up to 12 months |
| Purchasing, giving, or assisting in providing alcohol to person under 21 (4.1-306) | Misdemeanor -- mandatory loss of driver's license for up to 1 year AND fine not to exceed $2500 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) | Misdemeanor -- possible jail for up to 12 months and/or a fine of up to $2500 |
| Consuming alcoholic beverages while driving motor vehicle (18.2-323.1) | 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) |
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) |
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) | Misdemeanor -- fine not to exceed $2500 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 (18.2-270) | Misdemeanor -- with additional fine of $500 to $1000 and mandatory minimum five days in jail, beyond penalties for DUI |
| Unreasonable refusal to take breath test (18.2-268.3/4) | Civil offense -- loss of driver's license for 1 year, after first offense may petition the court for restricted license with certain conditions |
| Maiming (i.e., causing serious bodily injury) of another resulting from driving while intoxicated (18.2-51.4) | Felony -- 1 to 5 years prison OR 12 months jail and/or $2500 fine. Under egregious circumstances, penalties may be 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 |
|---|---|
|
TOBACCO, NICOTINE VAPOR, ALTERNATIVE NICOTINE, HEMP INTENDED FOR SMOKING, AND ALTERNATIVE TOBACCO PRODUCTS (18.2-371.2) Purchase, Use, or Possession by persons under age 21 |
1st Violation - Up to $100 fine and/or 20 hours of community service 2nd and Subsequent Violations - Up to $250 fine and/or 40 hours of community service |
| Sale or Distribution to persons under age 21 |
1st Violation - Up to $100 fine 2nd Violation - Up to $200 fine 3rd and Subsequent Violations - Up to $500 fine |
|
MARIJUANA Possession by persons under age 21 (4.1-1105.1) |
Civil Offense; no greater than $25 fine and ordered to enter a substance abuse treatment or education program or both; rebuttable presumption that possession of no more than 1 oz. is for personal use |
| Possession by persons over age 21 (4.1-1100) | If over 21, possession of more than 1 ounce of marijuana is a civil offense; no greater than $25 fine; rebuttable presumption that possession of no more than 1 oz. is for personal use. |
| Sale/Distribution (18.2-248.1, 18.2-10, 18.2-11) |
1 ounce or less: Misdemeanor -- up to 12 months jail and/or up to $2500 fine |
|
COCAINE Possession (small amount) (18.2-250, 18.2-10, 51.4-3448) |
Felony -- 1 to 10 years prison OR 12 months jail and/or up to $2500 fine |
| Sale/Distribution (and large amt. possession) (18.2-248) |
Felony -- 5 years to life in prison and up to $1,000,000 fine, 5 years of which shall be a mandatory minimum term of imprisonment |
| MUSHROOMS (Psilocybin) | Same as Cocaine |
|
CANNABIMIMETIC AGENT Possession (18.2-250(a), 51.4-3446) |
Misdemeanor -- 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) | Felony -- 5 to 40 years in prison and up to $500,000 fine |
| OTHER CONTROLLED SUBSTANCES (Including imitation controlled substances and prescription medication not pursuant to a valid prescription for the user) (18.2-247) | Same as Cocaine |
|
ANABOLIC STEROIDS Sale/Distribution (18.2-248.5) |
Felony -- 1 to 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) |
Felony -- 5 to 20 years prison and up to $100,000 fine |
|
INHALENTS (18.2-264) Use |
Misdemeanor -- 12 months jail and/or up to $2,500 fine |
| Inviting/Inducing use | Misdemeanor -- 6 months jail and/or up to $1,000 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 -- 1-5 years prison and up to $100,000 fine |
|
PARAPHERNALIA Possession/Distribution (18.2-265.3, 54.1-3466) |
Misdemeanor -- 12 months jail and/or up to $2500 fine |
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 handheld personal communications device while driving a motor vehicle on the highways in Virginia. 1st violation is $125 fine; 2nd or subsequent violation is $250 fine; violation in a highway work zone is mandatory $250 fine. (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)