Cayce/Reilly® School of Massotherapy

Controlled Substance

With respect to controlled substances in Schedules I or II -imprisonment for not less than five nor more than forty years and a fine of not more than $100,000; for a second or subsequent conviction of a violation involving an opiate or synthetic opiate drug (Schedule I or II) a sentence of imprisonment for life, or for any period not less than five years, and a fine of not more than $100,000 may be imposed. §18.2-248, Code of Virginia.

If a person proves that he (she) gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility... or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected not to induce the recipient or intended recipientof the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall be guilty of a Class 5 felony. §18.2-248, Code of Virginia.

Under Virginia law a Class 5 felony conviction carries a punishment of imprisonment not less than 1 year nor more than 10 years, or a jury or court may confine the convicted violator in jail for not more than 12 months and fine not more than $1,000, either or both.

A person who violates §18.2-248 with respect to a controlled substance classified in Schedules III, IV, or V shall be guilty of a Class 1 misdemeanor.
Under Virginia law a conviction for a Class 1 misdemeanor carries a penalty of confinement in jail for not more than 12 months and a fine of not more than $1,000, either or both.

A person who violates §18.2-248 with respect to an imitation controlled substance shall be guilty of a Class 1 misdemeanor.

Possession
It is unlawful to knowingly or intentionally possess a controlled substance unless the substance is obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or as authorized by the Drug Control Act. §18.2-250, Code of Virginia.

Penalties Upon Conviction for Violations of §18.2-250 are:

Controlled substances in Schedule I and II of Drug Control:
Act - Class 5 Felony

Controlled substances in Schedule III - Class 1 Misdemeanor

Controlled substances in Schedule IV - Class 2 Misdemeanor
Confinement in jail for not more than 6 months and fine not more than $500, either or both

Controlled substances in Schedule V - Class 3 Misdemeanor
Fine of not more than $500

Controlled substances in Schedule VI - Class 4 Misdemeanor
Fine of not more than $100)

Marijuana

Manufacture, Sale/Distribution
Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana. §18.2-248.1, Code of Virginia.

Penalties upon conviction for violations of §18.2-248.1 are:

1. Not more than one-half ounce of marijuana - Class 1 misdemeanor;
2. More than one-half ounce but not more than five pounds of marijuana - Class 5 felony;
3. More than five pounds of marijuana - felony conviction punishable by imprisonment of not less than five nor more than thirty years.

If such a person proves that he gave, distributed or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor. §18.2-248.1.
Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than thirty years and a fine of not to exceed $10,000.

Possession
It is unlawful for any person to knowingly or intentionally possess marijuana unless substance was obtained directly from, r pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act.

Conviction of a violation of §18.2-250.1 is a misdemeanor penalized by confinement in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon second or subsequent conviction is guilty of Class 1 Misdemeanor. §18.2-250, Code of Virginia.

ALCOHOL

Alcoholic beverages include alcohol, spirits (mixed drinks), wine (containing 3 2/10 percent or more of alcohol by weight) and beer (includes ale, porter, stout). §4-2, Virginia Code.

Sale/Possession
§4-63 of the Code provides:

1. If any person shall, except pursuant to the provisions of §4-48 or §4-50, sell any alcoholic beverages to any person and at the time of such sale shall know or have reason to believe that the person to whom the sale is made is (i) less than twenty-one years of age, except as to beer as provided herein or (ii) interdicted, or (iii) intoxicated, he shall be guilty of a misdemeanor.

   If a person shall sell beer to another person and at the time of such sale shall know or have reason to believe that the person to whom the sale is made is less than twenty-one years of age or had not attained the age of nineteen years by July 1, 1985, he shall be guilty of a misdemeanor.

2. If any person to whom an alcoholic beverage may not lawfully be sold under this section shall purchase or possess any alcoholic beverage, except [pursuant to the provisions of §4-48 or §4-50, he shall be guilty of a misdemeanor. In addition to the penalties otherwise prescribed for a violation of this section, upon conviction, such person's license to operate a motor vehicle in this Commonwealth may be suspended for a period of not more than one year. Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with the provisions of §4-55.