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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32566
Experience:  Began practicing law in 1992
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My wife gave an individual 4 perscription pills for pain. Is

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My wife gave an individual 4 perscription pills for pain. Is this an illegal act?

JD 1992 :

Yes, it is illegal to provide non-prescribed drugs to someone else and it is illegal for them to have them.

JD 1992 :

These are covered by Va. Code 18.2-248, 18.2-248.1, 18.2-248.03

Customer: What would the charges and penalties be in a worse case senecio?
JD 1992 :

but specifically 18.2-248

JD 1992 :

You can see the statute at this link

JD 1992 :

The potential penalty depends on exactly what the drug was and the weight of the drug but you can find those ranges in the statute itself

JD 1992 :

The most likely charge if she didn't sell them would be a class 5 felony

JD 1992 :

A class 5 can get a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

JD 1992 :

However, she could get probation, the case could plea bargain down, etc.

JD 1992 :

But those are the worst case possibilities

Customer: Last question? She would have to get caught doing this , not just hearsay information correct
JD 1992 :

No, they can convict on someone's testimony although they would probably need the drugs as well.

JD 1992 :

But she wouldn't have to get caught doing it.

JD 1992 :

Anything else I can assist with?

Customer: That is all thanks
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