Controlled Substance Regulations in Virginia

What are the controlled substances schedules and how do they affect prescription medications in Virginia?

In Virginia, controlled substances are classified by the Drug Enforcement Agency (DEA) into five categories known as Schedules. These schedules classify drugs based on their potential for abuse and accepted medical use.

Schedule I drugs are associated with a high potential for abuse and have no accepted medical use in Virginia. Examples of Schedule I drugs include heroin, ecstasy, LSD, and marijuana.

Schedule II drugs are associated with a high potential for abuse but also have an accepted medical use in Virginia with severe restrictions. Examples of Schedule II drugs include hydrocodone, oxycodone, morphine, and cocaine.

Schedule III drugs are associated with a lower potential for abuse and have an accepted medical use in Virginia. Examples of Schedule III drugs include codeine, anabolic steroids, and testosterone.

Schedule IV drugs have a lower potential for abuse than Schedule III drugs and also have an accepted medical use in Virginia. Examples of Schedule IV drugs include Valium and Xanax.

Schedule V drugs have the lowest potential for abuse of all five schedules and are typically used in low doses as an over-the-counter medication. Examples of Schedule V drugs include cough suppressants containing codeine and some antidiarrheal medications.

Prescription medications in Virginia must adhere to the rules of the Controlled Substances Schedules, which dictate the amount of the drug that can be prescribed at one time and how long a prescription is valid for. In addition, a practitioner must obtain and maintain a valid DEA registration number in order to prescribe any controlled substance in Virginia.

How do I dispose of expired or unused prescription medications in a safe and legal manner in Virginia?

In Virginia, expired or unused prescription medications should be disposed of safely and legally by dropping them off at a local drug take-back location. To find the closest drug take-back location, visit the U.S. Drug Enforcement Administration’s website and use their online locator tool. Alternatively, you can also mail back your medications using the U.S. Postal Service or other mail carriers with special packaging provided by pharmacies and other retail pharmacies in your area.

Are there restrictions on the prescription of opioid painkillers due to the opioid epidemic in Virginia?

Yes, there are restrictions on the prescription of opioid painkillers due to the opioid epidemic in Virginia. As of June 2018, the Virginia Board of Medicine approved emergency regulations to restrict the amount and duration of opioid prescriptions for acute pain. The regulations limit the amount of opioids that can be prescribed to a patient at one time to a seven-day supply for acute pain and require physicians to check the state’s Prescription Monitoring Program when prescribing opioids. The regulations also restrict refillable prescriptions for opioids to no more than three refills in a six-month period.

What is the process for obtaining a prescription for medical marijuana in Virginia?

To obtain a prescription for medical marijuana in Virginia, patients must first obtain a certification from an approved practitioner. After obtaining the certification, patients must register with the Virginia Board of Pharmacy and complete all the necessary paperwork. Patients must then submit their certification and registration to a licensed dispensary for verification. Once approved, the dispensary will provide the patient with a medical cannabis card that is valid for one year and allows patients to purchase medical marijuana products at any licensed dispensary in Virginia.

Are there limitations on the quantity of prescription medications that can be dispensed in Virginia?

The Virginia Board of Pharmacy does not have any specific limitations or restrictions on the quantity of prescription medications that can be dispensed in Virginia. However, the pharmacist must use his or her professional judgment to determine the appropriate quantity of a medication to dispense based on the individual patient’s needs.

Is there a prescription drug monitoring program (PDMP) to prevent prescription drug abuse in Virginia?

Yes, Virginia has a PDMP program called the Virginia Prescription Monitoring Program (PMP AWARxE). The program is designed to prevent the misuse of controlled substances in the state. It monitors prescriptions filled for all Schedule II to V controlled substances, and it is available for use by prescribers, dispensers, and pharmacists.

Can I legally purchase syringes and needles for personal use without a prescription in Virginia?

No, you cannot legally purchase syringes and needles without a prescription in Virginia. Virginia state law requires that all syringes and needles be purchased with a valid prescription.

What are the penalties for possessing controlled substances without a valid prescription in Virginia?

The penalties for possession of a controlled substance without a valid prescription in Virginia vary, depending on the type and amount of the controlled substance. Generally, a conviction for simple possession of a controlled substance in Virginia is punishable by up to one year in jail and/or a fine of up to $2,500. Depending on the substance, the penalties may be increased for subsequent offenses. Possession of more than one ounce of marijuana is punishable by up to 30 days in jail and/or a fine of up to $500. Possession of any amount of heroin, cocaine, methamphetamine, or PCP is punishable by up to 10 years in prison and/or a fine of up to $2,500.

Is there a Good Samaritan law that provides immunity to individuals who seek help for a drug overdose in Virginia?

Yes, Virginia does have a Good Samaritan law that provides immunity to individuals who seek help for a drug overdose. The law, known as the Virginia Overdose Response Program, was enacted in 2016 and grants limited immunity to anyone seeking medical assistance for an overdose. This means that individuals who call 911 or take someone to the hospital in the event of an overdose cannot be charged with a drug-related crime.

Do state laws allow for the sale of over-the-counter (OTC) pseudoephedrine products, and are there quantity restrictions in Virginia?

Yes, state laws in Virginia do allow for the sale of OTC pseudoephedrine products, but there are quantity restrictions in place. Consumers are limited to purchasing no more than 3.6 grams of pseudoephedrine per day, and no more than 7.2 grams within a 30-day period. Additionally, retailers must keep records of all purchasers and sales of pseudoephedrine products for two years.

Are there restrictions on the sale of certain cough syrups containing dextromethorphan (DXM) to prevent abuse in Virginia?

Yes. According to Virginia Code § 18.2-246.5, it is a Class 3 misdemeanor to sell any pharmaceutical containing dextromethorphan (DXM) to a person under 18 years of age. It is also against the law for any person under 18 years of age to purchase or possess any pharmaceutical containing DXM. Additionally, any retail establishment that sells any pharmaceutical containing DXM must post signs in a clearly visible location that indicate the restrictions on its sale and possession.

What are the regulations for methadone clinics and medication-assisted treatment (MAT) programs in Virginia?

The Virginia Board of Medicine is responsible for regulating methadone clinics and medication-assisted treatment (MAT) programs in the state. All methadone clinics must be licensed by the Board of Medicine and must also be registered with the federal Substance Abuse and Mental Health Services Administration (SAMHSA). All MAT programs must be accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF). In addition, all methadone clinics and MAT programs must comply with all applicable state and federal laws and regulations, including those regarding patient privacy, controlled substances, and health care standards.

Can I legally purchase or possess synthetic cannabinoids (spice or K2) in Virginia?

No, it is illegal to purchase or possess synthetic cannabinoids (spice or K2) in Virginia. The Virginia Department of Health has issued an advisory warning about the dangers of using synthetic cannabinoids, and their use is banned by state law.

What are the penalties for selling or trafficking illegal drugs in Virginia?

In Virginia, the penalties for selling or trafficking illegal drugs depend on the type of drug and the amount being sold or trafficked. Generally speaking, selling or trafficking any amount of heroin, cocaine, methamphetamines, or other Schedule I or II drugs is a felony offense that comes with a prison sentence of five to 40 years and a fine of up to $1 million. Possessing any amount of marijuana is a misdemeanor with a maximum jail sentence of 30 days and a fine of up to $500. Possessing any amount of certain other drugs, such as ecstasy and LSD, is also a misdemeanor with a maximum jail sentence of one year and a fine of up to $2,500.

Are there laws that address drug testing in the workplace in Virginia?

Yes, Virginia does have laws that address drug testing in the workplace. The Virginia Drug Testing Law (Va. Code § 40.1-28.7), which was enacted in 1996 and amended in 2019, requires employers to have a written policy on drug testing before they can require employees or job applicants to participate in drug tests. The law also outlines the procedures for administering drug tests, including who pays for the test and how the results are stored and shared. Additionally, the law protects employees from wrongful termination if they fail a drug test due to a legally prescribed medication.

Can I legally possess drug paraphernalia, such as pipes or bongs, for personal use in Virginia?

No, it is illegal to possess drug paraphernalia, including pipes or bongs, for personal use in Virginia. Possession of drug paraphernalia is a Class 1 misdemeanor punishable by up to 12 months in jail and up to $2,500 in fines.

Are there restrictions on the sale of prescription drugs through online pharmacies in Virginia?

Yes. The Virginia Board of Pharmacy requires online pharmacies to be licensed and to adhere to certain regulations when dispensing drugs in Virginia. All drugs must be dispensed by a licensed pharmacist or intern pharmacist. All orders must be verified and reviewed by a licensed pharmacist. Finally, all orders must be shipped to a Virginia address.

Do state laws require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses in Virginia?

Yes. Virginia Code § 54.1-3408.02 requires all pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses. The law also requires all pharmacists to complete a brief training program to learn the proper use of the drug before providing it.

What are the regulations for the storage and handling of controlled substances in healthcare facilities in Virginia?

The Virginia Board of Pharmacy has regulations for the storage and handling of controlled substances in healthcare facilities. These regulations are outlined in the Virginia Administrative Code (VAC): Title 18, Chapter 42, Section 5-20. Specifically, these regulations require that all healthcare facilities maintain records for each controlled substance they possess, store these substances in a secure area with limited access, and ensure that only personnel with appropriate authorization handle and dispense these substances. Additionally, healthcare facilities must maintain security measures to prevent theft and diversion of controlled substances.

Is there a process for individuals to report suspected illegal drug activity to law enforcement in Virginia?

Yes, there is. Individuals can report suspected illegal drug activity to their local law enforcement agency. All reports are confidential and callers can remain anonymous. Additionally, individuals can also contact the Virginia State Police at 804-674-2000 to report suspected illegal drug activity.