There are several numbers of drugs that are illegal in Hanover, Virginia. The drugs are classified into six schedules such as schedule 1, 2 and so on under VA code section (54.1-3446, 3448). The Hanover, Virginia law are very strict and the charges are associated with each type of drug crime. There are two drugs cannabis and marijuana that are included in the section 1, these drugs are in a special category of drug offense. These are the only drugs that carry’s a misdemeanor and it is also not considered to be a controlled substance in Hanover, Virginia.
Normally drug offenses are of two types of distribution and possession. To convict a person the law enforcement agency has to prove three things.
- The substance or the drug found is illegal.
- The convicted person knew that the drug is illegal.
- The convicted person has control over the drugs.
Normally the law enforcement agency investigate this matter with the statements of the convicted, by searching their car or their home.
If the controlled substance is not found in the hand or in the pockets of the accused person and they are found in a backpack or a purse then this is a case of constructive possession. This type of possession is extremely hard for the law enforcement agency to prove, because there is no evidence rather than the drugs are found in the house or in a bag. Now the only way to prove this crime, is to prove the court that the accused person intentionally hide the substance in his house or in the bag or the accused person is accepting the crime. In Hanover, Virginia a controlled substance is defined in VA code under the section § 54.1-3401 as a drug. The Virginia law classifies these drugs or controlled substance into six schedules. In the medical community the schedule of the controlled substance is identified by its potential for risk, abuse and risk of dependence.
- Possession (VA code 18.2-2501.1) is charged as a class 1 misdemeanor, a 12 month jail and a $2500 fine.
- Distribution (VA code 18.2-248.1) states any kind of sale and the intent to sell, give, gift or distribute marijuana are charged as class 1 misdemeanor, a 12 month jail and a $2500 fine).
- Distribution or possession of more than one and a half ounce or more than five pounds is charged as a class 5 felony, 10 years in prison and a $2500 fine.
- Distribution or possession of more than five pounds results in 30 years of imprisonment.
- Growing marijuana results in 5 to 30 years in jail.
- Marijuana found without a valid prescription come under VA code 18.2-251.1.
Possession of drugs by any individual in Virginia is a criminal act under VA code § 18.2-250. The law enforcement agency first prove to convict a person that the individual is intentionally and knowingly possessed a drug or controlled substance. The law enforcement agency must also prove that the drug is a controlled substance according to the Drug Control Act.