It depends on the drug. Virginia classifies controlled substances into schedules, and the schedule drives the penalty under Va. Code § 18.2-250. Possession of a Schedule I or II substance is a Class 5 felony punishable by up to ten years. That category includes cocaine, MDMA, psilocybin mushrooms, LSD, and, importantly for college students, prescription stimulants like Adderall when possessed without a valid prescription. A pill a friend gave you during finals week is a felony in your pocket.
Lower schedules carry misdemeanor penalties. Possession of a Schedule III substance is a Class 1 misdemeanor, Schedule IV a Class 2 misdemeanor, and so on down. Marijuana has its own separate rules, with legal possession for adults 21 and over in limited amounts and a civil penalty system for those under 21.
For first offenders, Virginia offers a deferred disposition under Va. Code § 18.2-251. The court places you on probation with drug screening, treatment or education, and community service, and dismisses the charge upon successful completion. That dismissal keeps a conviction off your record, though it generally does not qualify for expungement because of how the statute works, a distinction that deserves a conversation with a lawyer before you commit to it.
There are also search and seizure issues in many student cases, from dorm room searches to traffic stops, and suppressing the evidence can end the case entirely. Call Joel at 540-961-5297 for a free consultation, and read more about drug possession defense in Blacksburg.