Virginia Criminal Defense Attorney
Drug laws in Fairfax prohibit the possession of any contraband. Drug laws also prohibit the distribution and sometimes the creation of drugs depending on the item. Fairfax very specifically outlaws certain items. The possession of these drug items is defined in the code as illegal and thereby warrants the attention of a Fairfax drug lawyer.
An illegal drug in Fairfax is any kind of substance that is specifically written into the Virginia drug code as being an illegal drug in Virginia. There are various substances and various chemical make-ups in substances that qualify as illegals drug in Virginia.
There are exceptions for certain types of drugs. However, not all drugs have exceptions. For example, some drugs are available by prescription, but they are very heavily regulated. A person must have a prescription to be able to legally possess them. These include drugs that are hallucinogenic or deal with very serious mental health disorders like bipolar disorders and schizophrenia. Anything that requires a prescription under Virginia law falls into that exception. There are certain drugs such as heroin that have no medicinal value or would never be available by prescription. There will never be any kind of exceptions for these kinds of drugs.
The legal system in Fairfax deals harshly with drugs that are medically approved but abused. A person must have a valid prescription and he or she must be using the medication according to that prescription. If they are liable criminally for the offense, they will be prosecuted.
If somebody has a prescription medication for pain killers and they abuse that pain killer, they can be punished for that. If they drive while under the influence of pain killers and the pain killer specifically says a person cannot drive while using it, they could be prosecuted for that. They may be prosecuted regardless of whether or not they have a prescription when they are doing something that is not appropriate within the effects of the prescription.
Depending on where the person is arrested and prosecuted, there might be diversionary programs available to them. There might be some kind of unofficial program available through the prosecutor’s office or through the local judge. These programs include some kind of drug diversionary court or other programs that allow the person to take drug tests, go to therapy, and do community service. It depends on the jurisdiction and the policies of the prosecutor’s office in that jurisdiction.