| 1 | 1 | | 2025 SESSION |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | INTRODUCED |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 25101886D |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | HOUSE BILL NO. 1848 |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | Offered January 8, 2025 |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Prefiled January 6, 2025 |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | A BILL to amend and reenact 18.2-250 of the Code of Virginia, relating to possession of controlled substances unlawful; second or subsequent conviction; mandatory minimum. |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | PatronArnold |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | Committee Referral Pending |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | Be it enacted by the General Assembly of Virginia: |
|---|
| 26 | 26 | | |
|---|
| 27 | 27 | | 1. That 18.2-250 of the Code of Virginia is amended and reenacted as follows: |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | 18.2-250. Possession of controlled substances unlawful. |
|---|
| 30 | 30 | | |
|---|
| 31 | 31 | | A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or 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 ( 54.1-3400 et seq.). |
|---|
| 32 | 32 | | |
|---|
| 33 | 33 | | Upon the prosecution of a person for a violation of this section, ownership or occupancy of a premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance. |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | (a) 1. a. Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be is guilty of a Class 5 felony, except that any person other than an inmate of a penal institution as defined in 53.1-1 or in the custody of an employee thereof who violates this section with respect to a cannabimimetic agent is guilty of a Class 1 misdemeanor. |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | b. The sentence of any person convicted of a second offense within less than five years with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall include a mandatory minimum sentence of 20 days and a mandatory minimum fine of $500. |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | c. The sentence of any person convicted of a second offense within five to 10 years with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall include a mandatory minimum sentence of 45 days and a mandatory minimum fine of $500. |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | d. The sentence of any person convicted of a third offense within 10 years with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall include a mandatory minimum sentence of 90 days and a mandatory minimum fine of $500, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of six months and a mandatory minimum fine of $1,000. |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | e. The sentence of any person convicted of a fourth or subsequent offense within 10 years with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall include a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | f. The driver's license of any person found to have violated this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act (i) may be suspended for a period of up to 30 days for the first offense and (ii) shall be suspended for a period of 30 days for a second or subsequent offense. |
|---|
| 46 | 46 | | |
|---|
| 47 | 47 | | (b) 2. Any person other than an inmate of a penal institution as defined in 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be of the Drug Control Act is guilty of a Class 1 misdemeanor. |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | (b1) 3. Violation of this section with respect to a controlled substance classified in Schedule IV of the Drug Control Act shall be punishable as a Class 2 misdemeanor. |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | (b2) 4. Violation of this section with respect to a controlled substance classified in Schedule V of the Drug Control Act shall be punishable as a Class 3 misdemeanor. |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | (c) 5. Violation of this section with respect to a controlled substance classified in Schedule VI of the Drug Control Act shall be punishable as a Class 4 misdemeanor. |
|---|
| 54 | 54 | | |
|---|
| 55 | 55 | | B. The provisions of this section shall not apply to members of state, federal, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in 53.1-1, when such members or officers are certified as handlers of dogs trained in the detection of controlled substances when and possession of a controlled substance or substances is necessary in the performance of their duties. |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $4,356,234 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |
|---|