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2024 SESSION

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24101035D
HOUSE BILL NO. 439 Offered January 10, 2024 Prefiled January 8, 2024 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. ---------- Patron-- Arnold ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-250 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-250. Possession of controlled substances unlawful.

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.).

Upon the prosecution of a person for a violation of this section, ownership or occupancy of 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.

(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 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.

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.

c. The sentence of any person convicted of a second 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 45 days and a mandatory minimum fine of $500.

d. The sentence of any person convicted of three offenses 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 confinement for six months and a mandatory minimum fine of $1,000.

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 term of imprisonment of one year and a mandatory minimum fine of $1,000.

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 the second and subsequent offenses.

(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 guilty of a Class 1 misdemeanor.

(b1) 3. Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.

(b2) 4. Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.

(c) 5. Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.

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, certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.

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 $2,885,227 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.