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Virginia Laws and Programs

Virginia's Midatlantic location on Interstate 95 places it directly on the route between two major centers of illegal drug importation: Miami, Florida, and New York City. The state's large numbers of rural areas also provide many opportunities for local production including marijuana and methamphetamine. Cocaine and crack cocaine are widely available throughout the state and the violence associated with the crack trade is a major concern of law enforcement officials. Heroin is a particular problem in the area around Richmond (the state capital) and in the Tidewater area (most of the land east of I-95).

Marijuana is widely available and methamphetamine is used particularly in the Shenandoah Valley region (the Western edge of the state, bordering on West Virginia). MDMA (ecstasy) is the most popular club drug although methamphetamine is also used at raves. Diversion of pharmaceutical drugs is a problem, with the most commonly abused drugs being oxycodone (e.g., OxyContin, Percocet) and hydromorphone (Dilaudid). Federal drug seizures in 2006 in Virginia include 266.4 kilograms of cocaine, 100.8 kilograms of marijuana, 10,831 dosage units of MDMA, and 13.5 kilograms of methamphetamine. In addition, 20,001 cultivated marijuana plants were eradicated as part of the Drug Enforcement Administration's Domestic Cannabis Eradication/Suppression Program.

Types of Drugs Used in Virginia

In 2005 the most commonly used illicit drug for Virginia residents age 12 and older was marijuana, with 9.13 percent reporting use in the past year and 4.89 percent in the past month. Second most common was nonmedical use of pain relievers (4.44 percent in the past year) followed by cocaine (2.41 percent in the past year). Marijuana was also the most common drug for high school students, with use increasing with age: for instance, 20 percent of 12th graders reported use in the past month and 44 percent at some point in their life, versus 15 percent (past month) and 28 percent (lifetime) for 10th graders, and 6 percent (past month) and 12 percent (lifetime) for 8th graders. The second most common drug of abuse was nonmedical use of prescription painkillers: 19 percent of 12th graders, 15 percent of 10th graders, and 9 percent of 8th graders reported use in their lifetimes. Inhalant use followed the opposite pattern, with usage more common among younger students: 8 percent of 8th graders reported inhalant use in the past month and 17 percent in their lifetimes, versus 4 percent in the past month and 11 percent lifetime for 12th graders.

In fiscal year (FY) 2006 40.4 percent of federally sentenced defendants in Virginia had a drug offense, with the most common being crack cocaine (50.9 percent), methamphetamine (15.6 percent), powder cocaine (14.5 percent), and marijuana (13.7 percent).

Laws

Possession of any amount of marijuana is a misdemeanor in Virginia, with penalties of up to 30 days incarceration and a $500 fine for a first offense and up to one year's incarceration and a $2,500 fine for subsequent offenses. Cultivation of any amount of marijuana is a felony with penalties of up to 30 years’ incarceration and a $10,000 fine. Sale of half an ounce or less is a misdemeanor with penalties of up to one year's incarceration and a $2,500 fine, with sales of larger amounts a felony with penalties as high as 20 years’ incarceration and a $1 million fine. There are additional penalties for selling to a minor, within 1,000 feet of a school or other specified area, and for transporting five pounds or more into the state with intent to sell.

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