Virginia RULES Teens Learn & Live the Law Drugs

Lesson Goal: To introduce students to Virginia laws related to controlled substances and the serious penalties for violating these laws. To introduce students to Virginia laws related to controlled substances and the serious penalties for violating these laws.

Students Will Learn: Virginia laws concerning controlled substances Virginia laws concerning controlled substances Virginia laws restricting underage prescription drug and inhalent possession and use Virginia laws restricting underage prescription drug and inhalent possession and use Drug abuse is a serious health and safety threat to young people Drug abuse is a serious health and safety threat to young people

How Drugs are Classified Schedule I drugs have a high potential for abuse and no accepted medical use, and include heroin and LSD. When we look at penalties, you’ll see that these carry the most severe penalties. Schedule II drugs have a high potential for abuse and severe dependence, but have a currently accepted medical use. Schedule II drugs include PCP, cocaine, methadone, and methamphetamine. Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency and an accepted medical use. Anabolic steroids and codeine fall into this category. The Virginia Drug Control Act places controlled substances into five categories called schedules. These are the categories:

How Drugs are Classified Schedule IV drugs have less potential for abuse than Schedule III drugs, a limited potential for dependency, and are accepted in medical treatment. Schedule IV drugs include Valium, Xanax, and other tranquilizers and sedatives. Schedule V drugs have a low potential for abuse, limited risk for dependency, and accepted medical uses. These include drugs like cough medicines with codeine. Schedule VI includes certain substances which are not “drugs” in the conventional sense, but are nonetheless used, or abused, recreationally; these include toluene (found in many types of paint, especially spray paint) and similar inhalants such as amyl nitrite (or “poppers”), butyl nitrite, and nitrous oxide (found in many types of aerosol cans; though it is pharmacologically active, it is considered an inhalant). Many state and local governments enforce age limits on the sale of products containing these substances. The Virginia Drug Control Act schedules, cont.

Drug Crimes in VA Law Virginia law defines three major types of drug crimes: Possession Distribution Manufacturing

Drugs Crimes in VA Law Drug possession occurs when a person possesses any controlled substance without a valid prescription. (Code of Virginia § ) Drug sale or distribution occurs when a person sells, provides, gives away, delivers, or distributes a controlled substance. Drug manufacturing occurs when a person produces a controlled substance without legal authorization or possesses chemicals used in the manufacture of a controlled substance with intent to manufacture.

Drugs Crimes in VA Law Sale includes barter, exchange, or gift, or offer therefore, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee. Distribute means to deliver other than by administering or dispensing a controlled substance. Manufacture means the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. This term does not include compounding. Virginia law also defines drug paraphernalia as materials of any kind used in producing or using drugs. Examples include pipes, bongs, smoking papers, and certain kits used for injecting drugs. (Code of Virginia § ) Code of Virginia § contains the following definitions:

Penalties for Drug Crimes

Penalties, cont.

Prescription and OTC Drugs A growing trend in substance abuse is prescription or over-the-counter (OTC) drugs. This happens when someone takes a prescription drug that was prescribed for someone else or in a manner or dosage other than what was prescribed to get high, help with studying, or treat pain. Under Code of Virginia § , it is illegal to take a relative’s or friend’s prescription for any reason.

Synthetic Cannabinoids or Spice Synthetic Cannabinoids, or “Spice,” is an herbal product sold as incense. Its “high” is thought to be similar to that of marijuana. Spice is a new drug and little is known about its effects on the body. Some of the known health risks can include agitation, anxiety, vomiting, tremors, seizures and psychotic episodes. Synthetic cannabinoids are now a Schedule I drug, which means it is illegal to possess, sell, or distribute.

Bath Salts “Bath Salts” are not the traditional cosmetic product but a drug sold in powder form, sometimes with labels of “plant food,” “bath crystals,” “herbal incense,” or “research chemicals.” They are a central nervous stimulant and can cause severe hallucinations and paranoia, as well as rapid heart rate leading to stroke, vomiting and seizures. Bath Salts are now a Schedule I drug, which means they are illegal to possess, sell, or distribute.

Inhalants Inhalants are chemical vapors that people inhale on purpose to get “high.” The vapors produce mind altering, and sometimes disastrous, effects, including “sudden sniffing death.” There are many different types: Volatile solvents are liquids that vaporize at room temperature. Examples include paint thinner, nail polish remover, and gasoline. Aerosols are sprays that contain propellants and solvents. Examples include spray paint, hair spray, and deodorant spray. Gases are household or commercial products. Examples include: butane lighters, whipped cream dispensers, and propane tanks. Gases can also be used as medical anesthetics including anesthesia,chloroform, and nitrous oxide. Code of Virginia § makes it illegal to use, or encourage others to use, inhalants.

Drugs Offenses at School Some drug laws pertain specifically to school. When drugs are brought to school:  The school is required by law to notify the local law enforcement agency when any student has committed certain offenses, including any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid. (Code of Virginia § :1.(A))  Then, the student would be subject to both school disciplinary action and criminal action.  Code of Virginia § requires local school board policies to provide for the expulsion of any student determined to have brought a controlled substance.

Driving While Intoxicated According to Code of Virginia § , you can be charged with a DWI if you drive a car under the influence of a controlled substance. It is illegal for a person to drive a car:  While such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle;  While such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle; or  While such person has a blood concentration of any of the following substances at a level that is equal to or greater than:  0.02 milligrams of cocaine per liter of blood,  0.1 milligrams of methamphetamine (meth) per liter of blood,  0.01 milligrams of phencyclidine (PCP) per liter of blood, or  0.1 milligrams of 3,4-methylenedioxymethamphetamine (ecstasy) per liter of blood.

Review and Recap That drug laws in Virginia define categories of drugs and types of offenses and prescribe penalties for the possession, distribution and manufacture of drugs; There are additional laws about bringing drugs to school that have both criminal and disciplinary consequences, including expulsion from school; That prescription drug and over-the-counter drug abuse is a growing problem and there are laws that prohibit using these controlled substances in a way not intended by the prescription; and That the use of inhalants can cause bodily harm and can kill you on the first use. You have learned: