Understanding Drug Trafficking Charges in Virginia

 Posted on August 17, 2025 in Criminal Defense

Drug trafficking is one of the most serious drug offenses under Virginia law. These cases are often investigated by specialized law enforcement units and prosecuted aggressively. A conviction can affect your freedom, finances, and reputation. From the first moment you learn of an investigation, you need an advocate who understands both the legal system and the stakes. A Fairfax, VA drug crimes defense attorney can provide the guidance you need to help you build a strong defense.

What Does Virginia Law Say About Drug Trafficking?

In Virginia, drug trafficking is defined under § 18.2-248 of the Code of Virginia as the illegal manufacturing, selling, giving, transporting, or distributing of controlled substances. Virginia categorizes drugs into schedules, with Schedule I and II substances carrying the harshest penalties. This includes substances like cocaine and methamphetamine. Heroin, for example, is a Schedule I drug. Possession with intent to distribute more than 100 grams can result in a mandatory minimum sentence of five years in prison and up to a $500,000 fine. 

Schedule III and IV substances, such as anabolic steroids or certain prescription medications, carry less severe penalties. Convictions related to these often involve shorter prison terms and lower fines. A conviction for trafficking Schedule V or VI drugs, which can include medicines with a lower potential for abuse, typically results in misdemeanor charges rather than felonies.

Marijuana is classified separately from the standard schedules. While possessing small amounts for personal use was legalized in 2021, trafficking is still an offense under § 18.2-248.1. This law sets penalties according to the quantity in possession. Smaller amounts may lead to less severe penalties, while larger amounts can still result in significant prison sentences and fines.

How Is Drug Trafficking Proven in Virginia Courts?

Prosecutors must prove specific elements to secure a conviction. They have to show that you knowingly possessed a controlled substance. However, they also must prove that you intended to distribute it. This part can be challenging. Intent is typically proven through circumstantial evidence, such as:

• Possession of large quantities of drugs

• Presence of packaging materials like baggies or scales

• Large amounts of cash

• Testimony from witnesses or co-defendants

Under Code of Virginia § 19.2-386.22, the government can also take any property connected to drug trafficking, such as vehicles or money. However, they must be able to prove the items were used to commit a crime.

What Are the Common Defenses Against Drug Trafficking Charges in Virginia?

Several defenses may apply depending on the facts of your case. Common strategies include:

• Challenging the legality of the search and seizure: If police violated your Fourth Amendment rights, evidence obtained may be suppressed.

• Lack of knowledge: You may not have known that drugs were in your possession or that they were illegal substances.

• No intent to distribute: The amount in possession may have been for personal use, not for sale or distribution.

• Chain of custody issues: If evidence was mishandled, its reliability can be questioned.

• Entrapment: If law enforcement pressured or induced you to commit a crime you otherwise would not have committed, you could argue entrapment.

An experienced attorney will review every detail, from the initial arrest to the handling of evidence, to build the strongest defense possible.

Schedule a Free Consultation With a Fairfax, VA Drug Trafficking Defense Attorney

Drug trafficking charges in Virginia can have life-changing consequences. The sooner you have legal representation, the better your chances of challenging the accusations and protecting your rights. The Fairfax, VA drug trafficking defense lawyers at Robinson Law, PLLC have over 50 years of combined legal experience and are available 24/7. We offer a flat fee for criminal cases, and we can represent clients in English and Spanish. Call 703-844-3746 today to schedule your free consultation.