Possession and use of drugs and other material that is banned by the Federal government are known are controlled substances. Possession of a controlled substance in Loudoun, Virginia is not a crime, for specific substances. It is lawful to use and possess them when done under some certain conditions and circumstances, for example, when used under the supervision of a doctor or used in research. Possession of a controlled substance in Loudoun, Virginia is illegal when no lawful justification is applied or when the substance (such as marijuana, heroin) has no legitimate use.
The government of Virginia has listed different kinds of drugs that are considered as “controlled” and can be available only for a legitimate reason and through a valid prescription. Under the law of Virginia, these substances are classified under five schedules of drugs in which Schedule 1 contains the most dangerous kinds of substances and the least dangerous are enlisted under Schedule 5. This classification of drugs applies in the federal substance cases. However, other states have also adopted this federal schedule.
To convict someone of Possession of a controlled substance in Loudoun, Virginia, the prosecutor has to prove the following elements of the offense.
- The offense of possession of a controlled substance in Loudoun, Virginia occurs if a person intentionally and knowingly has control of a substance. Prosecutors only have to prove that the accused knew that the substance was present and they intended to use them.
- By proving that they possessed controlled substances. Drug courts have held that a person can either have a constructive or actual possession over the substance which means that a person is keeping the drugs in the pocket or own custody or if the person has control over the substance by possessing substances.
- An accused can be convicted of possession of a controlled substance in Loudoun, Virginia if the prosecution proves that the accused had partial control over the substances, for example, if two roommates are found possessing marijuana or heroin, the prosecution must prove that each of them had control over the substance and they both were involved in it.
The offense of possession of a controlled substance in Loudoun depends on various factors such as which kind of controlled substance is involved, the circumstances around the possession, and the criminal history of the offender possessing the controlled substance.
Violation of this offense can be punishable by penalty fines of at least $100 up to $100,000 or more depending on the severity of the case and the kind of controlled substance. The possession of a controlled substance can also result in imprisonment, which depends upon the criminal charge and the laws of Loudoun, Virginia. However, it can range from few days to 10 years in jail. In these kinds of cases, probation sentences and diversion programs that are similar to probation can also be given. In addition to this, a court can also sentence an offender to a drug treatment program or rehabilitation instead of imprisonment