Law Offices of Christie A. Leary P.C.

Fairfax/Manassas Criminal & Personal Injury Blog

Many Virginians might have a basic knowledge that there are certain drugs that are considered illegal under state law, but do not know what specific acts are prohibited under the Drug Control Act (DCA). These acts can lead to an arrest on drug charges with the possibility of a conviction on a Class 2 misdemeanor. This can result in up to six months in jail, a fine of up to $1,000 or both. It is imperative for those who might be charged or have already been charged to know what the law says and how to formulate a defense.

It is illegal to manufacture, sell, deliver, hold or offer to sell a drug, a device or cosmetic that has been adulterated and misbranded. Those who have received drugs, devices or cosmetics that have been adulterated, misbranded, delivered whether it is paid or not will also face drug charges under this law. A false advertisement being disseminated is illegal. A person who refuses to allow entry or inspection and does not allow samples to be taken or access to records or copies of the records will be in violation of this law.

Labels that have been altered, mutilated, destroyed, obliterated or removed in whole or in part with a drug, device or cosmetic while these items are up for sale and it ends up being misbranded or adulterated will have been deemed as violating this law. To forge, counterfeit, simulate, falsely represent or -- without having the property authority to do so -- mark, stamp, label, tag or use other identification method that was authorized or recognized by the law will be a violation of the act.

Drugs that have been placed in a container that is meant to defraud to dispense, sell or dispose of the drug is illegal. It is also against the law to dispense or lead to the dispensation of a different drug or brand of drug instead of the drug that was ordered or prescribed and the recipient of the drug did not give permission for it, it is a violation of the law unless it is deemed to be the equivalent of the drug. While these acts might not sound significant, they can lead to a conviction and serious consequences. Those who are confronted with these charges need to formulate a strong defense with help from a lawyer experienced in defending people for drug offenses.

Source: VACode.org, "Drug Control Act -- 54.1-3457 Prohibited Acts," accessed on Nov. 16, 2015

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