Possession of a Firearm with a Controlled Substance: Va. Code 18.2-308.4

Virginia Law, Va. Code 18.2-308.4, prohibits the possession of a firearm with a controlled substance.

A. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony.B. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony. C. It shall be unlawful for any person to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) or more than one pound of marijuana. A violation of this subsection is a Class 6 felony, and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.

Each of the above prohibitions is a Class 6 Felony, punishable by up to 5 years in prison and/or a $2,500 fine. Subsection A applies to possession of a firearm along with a controlled substance, but not having the firearm “on your person.” Subsection B applies to actually having the firearm “on your person,” e.g, actually carrying the weapon in your hand, on your waist, in a bag etc. This offense is a Class 6 Felony with a 2 year mandatory minimum. Subsection C applies to using the firearm “in a threatening manner” during any sale or distribution of a Schedule I/II controlled substance, or over a pound of marijuana. This offense is a a Class 6 Felony, but with a 5 year mandatory minimum.

Hire a Lawyer For Your Possession Of a Firearm with a Controlled Substance Charge Today

Our Virginia Criminal Defense Attorneys are happy to represent you for firearm and controlled substance charges in courts throughout Northern Virginia. Contact us to learn more about how we can help you if you have been charged with a criminal offense in Virginia.