{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-247.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-247.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-247.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-247.html"}],"law_id":84070,"edition_id":1,"section_id":84070,"structure_id":13207,"section_number":"18.2-247","catch_line":"Use of terms “controlled substances,” “marijuana,” “Schedules I, II, III, IV, V, and VI,” “imitation controlled substance,” and “counterfeit controlled substance” in Title 18.2","history":"1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c. 756; 1999, cc. 661, 722; 2004, c. 688; 2019, cc. 653, 654; 2020, cc. 831, 1285, 1286; 2021, Sp. Sess. I, c. 110; 2023, cc. 744, 794.","full_text":"A\n\nWherever the terms “controlled substances” and “Schedules I, II, III, IV, V, and VI” are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400 et seq.).B\n\nThe term “imitation controlled substance” when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:1\n\nWhich by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or2\n\nWhich by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the U.S. Food and Drug Administration.C\n\nIn determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an “imitation controlled substance,” there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.D\n\nThe term “marijuana” when used in this article means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. “Marijuana” does not include (i) the mature stalks of such plant, fiber produced from such stalk, oil or cake made from the seed of such plant, unless such stalks, fiber, oil or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (iii) industrial hemp, as defined in § 3.2-4112, that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as defined in § 3.2-4112; (v) an industrial hemp extract, as defined in § 3.2-5145.1; or (vi) any substance containing a tetrahydrocannabinol isomer, ester, ether, salt or salts of such isomer, ester, or ether that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act (§ 54.1-3400 et seq.) pursuant to § 54.1-3443.E\n\nThe term “counterfeit controlled substance” means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug.F\n\nThe term “tetrahydrocannabinol” means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. For the purposes of this definition, “isomer” means the optical, position, and geometric isomers.G\n\nThe term “total tetrahydrocannabinol” means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.H\n\nThe Department of Forensic Science shall determine the proper methods for detecting the concentration of tetrahydrocannabinol in substances for the purposes of this title, Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, and § 54.1-3401. The testing methodology shall use post-decarboxylation testing or other equivalent method and shall consider the potential conversion of tetrahydrocannabinolic acid into tetrahydrocannabinol.","order_by":null,"text":{"0":{"id":301263,"text":"Wherever the terms “controlled substances” and “Schedules I, II, III, IV, V, and VI” are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301264,"text":"The term “imitation controlled substance” when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":301265,"text":"Which by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":301266,"text":"Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the U.S. Food and Drug Administration.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":301267,"text":"In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an “imitation controlled substance,” there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":301268,"text":"The term “marijuana” when used in this article means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. “Marijuana” does not include (i) the mature stalks of such plant, fiber produced from such stalk, oil or cake made from the seed of such plant, unless such stalks, fiber, oil or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (iii) industrial hemp, as defined in § 3.2-4112, that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as defined in § 3.2-4112; (v) an industrial hemp extract, as defined in § 3.2-5145.1; or (vi) any substance containing a tetrahydrocannabinol isomer, ester, ether, salt or salts of such isomer, ester, or ether that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act (§ 54.1-3400 et seq.) pursuant to § 54.1-3443.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":301269,"text":"The term “counterfeit controlled substance” means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":301270,"text":"The term “tetrahydrocannabinol” means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. For the purposes of this definition, “isomer” means the optical, position, and geometric isomers.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":301271,"text":"The term “total tetrahydrocannabinol” means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":301272,"text":"The Department of Forensic Science shall determine the proper methods for detecting the concentration of tetrahydrocannabinol in substances for the purposes of this title, Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, and § 54.1-3401. The testing methodology shall use post-decarboxylation testing or other equivalent method and shall consider the potential conversion of tetrahydrocannabinolic acid into tetrahydrocannabinol.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13207,"edition_id":1,"name":"Drugs","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":166503,"object_type":"structure","relational_id":13207,"identifier":"1","token":"18.2\/7\/1","url":"\/18.2\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84070,"structure_id":13207,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","url":"\/18.2-247\/","token":"18.2\/7\/1\/18.2-247","metadata":false},{"id":68693,"structure_id":13207,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","url":"\/18.2-248\/","token":"18.2\/7\/1\/18.2-248","metadata":false},{"id":76843,"structure_id":13207,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","url":"\/18.2-248.01\/","token":"18.2\/7\/1\/18.2-248.01","metadata":false},{"id":56536,"structure_id":13207,"section_number":"18.2-248.02","catch_line":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","url":"\/18.2-248.02\/","token":"18.2\/7\/1\/18.2-248.02","metadata":false},{"id":71689,"structure_id":13207,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","url":"\/18.2-248.03\/","token":"18.2\/7\/1\/18.2-248.03","metadata":false},{"id":60978,"structure_id":13207,"section_number":"18.2-248.04","catch_line":"Methamphetamine Cleanup Fund established","url":"\/18.2-248.04\/","token":"18.2\/7\/1\/18.2-248.04","metadata":false},{"id":80122,"structure_id":13207,"section_number":"18.2-248.05","catch_line":"Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance; 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distribution of nitrous oxide to persons under 18 prohibited; penalties","url":"\/18.2-264\/","token":"18.2\/7\/1\/18.2-264","metadata":false},{"id":63611,"structure_id":13207,"section_number":"18.2-264.01","catch_line":"Repealed","url":"\/18.2-264.01\/","token":"18.2\/7\/1\/18.2-264.01","metadata":false},{"id":70241,"structure_id":13207,"section_number":"18.2-264.1","catch_line":"Repealed","url":"\/18.2-264.1\/","token":"18.2\/7\/1\/18.2-264.1","metadata":false},{"id":72892,"structure_id":13207,"section_number":"18.2-265","catch_line":"Repealed","url":"\/18.2-265\/","token":"18.2\/7\/1\/18.2-265","metadata":false}],"next_section":{"id":68693,"structure_id":13207,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","url":"\/18.2-248\/","token":"18.2\/7\/1\/18.2-248","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-247\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapters 14 and 15 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 435; in 1982, chapter 462; in 1984, chapter 684; in 1992, chapter 756; in 1999, chapters 661<\/a> and 722<\/a>; in 2004, chapter 688<\/a>; in 2019, chapters 653<\/a> and 654<\/a>; in 2020, chapters 831<\/a>, 1285<\/a>, and 1286<\/a>; in 2023, chapters 744<\/a> and 794<\/a>.<\/p>","references":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":67041,"section_number":"16.1-278.8:01","catch_line":"Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs","order_by":null,"url":"\/16.1-278.8_01\/"},{"id":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":81456,"section_number":"16.1-69.48:3","catch_line":"Fees charged to drug offenders","order_by":null,"url":"\/16.1-69.48_3\/"},{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":69998,"section_number":"17.1-275.8","catch_line":"Fixed drug misdemeanor fee","order_by":null,"url":"\/17.1-275.8\/"},{"id":70427,"section_number":"18.2-22","catch_line":"Conspiracy to commit felony","order_by":null,"url":"\/18.2-22\/"},{"id":57833,"section_number":"18.2-251.1:3","catch_line":"Possession or distribution of cannabis oil, or industrial hemp; laboratories; Department of Agriculture and Consumer Services, Department of Law employees","order_by":null,"url":"\/18.2-251.1_3\/"},{"id":85822,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","order_by":null,"url":"\/18.2-308.09\/"},{"id":77563,"section_number":"18.2-346.1","catch_line":"Testing of convicted prostitutes and injection drug users for sexually transmitted infection","order_by":null,"url":"\/18.2-346.1\/"},{"id":66815,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","order_by":null,"url":"\/18.2-36.3\/"},{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"},{"id":72961,"section_number":"19.2-13","catch_line":"Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report","order_by":null,"url":"\/19.2-13\/"},{"id":67789,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","order_by":null,"url":"\/19.2-188.1\/"},{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":71480,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","order_by":null,"url":"\/19.2-299.2\/"},{"id":79626,"section_number":"19.2-386.22","catch_line":"Seizure of property used in connection with or derived from illegal drug transactions","order_by":null,"url":"\/19.2-386.22\/"},{"id":68664,"section_number":"19.2-386.23","catch_line":"Disposal of seized controlled substances, marijuana, and paraphernalia","order_by":null,"url":"\/19.2-386.23\/"},{"id":67824,"section_number":"19.2-386.24","catch_line":"Destruction of seized controlled substances or marijuana prior to trial","order_by":null,"url":"\/19.2-386.24\/"},{"id":61520,"section_number":"19.2-386.25","catch_line":"Judge may order law-enforcement agency to maintain custody of controlled substances, etc","order_by":null,"url":"\/19.2-386.25\/"},{"id":78541,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","order_by":null,"url":"\/19.2-83.1\/"},{"id":75022,"section_number":"22.1-277.08","catch_line":"Expulsion of students for certain drug offenses","order_by":null,"url":"\/22.1-277.08\/"},{"id":58613,"section_number":"22.1-315","catch_line":"Grounds and procedure for suspension","order_by":null,"url":"\/22.1-315\/"},{"id":69635,"section_number":"24.2-233","catch_line":"Removal of elected and certain appointed officers by courts","order_by":null,"url":"\/24.2-233\/"},{"id":61344,"section_number":"3.2-4113","catch_line":"Production of industrial hemp lawful","order_by":null,"url":"\/3.2-4113\/"},{"id":65086,"section_number":"4.1-1606","catch_line":"Confidentiality of reports, information, and records; penalty","order_by":null,"url":"\/4.1-1606\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"},{"id":76643,"section_number":"52-8.1:1","catch_line":"Powers and duties of a drug law enforcement and investigation division","order_by":null,"url":"\/52-8.1_1\/"},{"id":59332,"section_number":"53.1-220.1","catch_line":"Transfer of prisoners convicted of designated illegal acts","order_by":null,"url":"\/53.1-220.1\/"},{"id":63038,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","order_by":null,"url":"\/54.1-2400.2\/"},{"id":56919,"section_number":"54.1-2523","catch_line":"Confidentiality of data; disclosure of information; discretionary authority of Director","order_by":null,"url":"\/54.1-2523\/"},{"id":64698,"section_number":"54.1-2903","catch_line":"What constitutes practice; advertising in connection with medical practice","order_by":null,"url":"\/54.1-2903\/"},{"id":55711,"section_number":"54.1-3405","catch_line":"Access to and copies of records; inspections","order_by":null,"url":"\/54.1-3405\/"},{"id":58824,"section_number":"54.1-3408.05","catch_line":"Use of FDA-approved substance upon publication of final rule","order_by":null,"url":"\/54.1-3408.05\/"},{"id":66818,"section_number":"54.1-3443","catch_line":"Board to administer article","order_by":null,"url":"\/54.1-3443\/"},{"id":85784,"section_number":"8.01-227.4","catch_line":"Definitions","order_by":null,"url":"\/8.01-227.4\/"},{"id":63110,"section_number":"9.1-139","catch_line":"Licensing, certification, and registration required; qualifications; temporary licenses","order_by":null,"url":"\/9.1-139\/"},{"id":59393,"section_number":"9.1-145","catch_line":"Fingerprints required; penalty","order_by":null,"url":"\/9.1-145\/"}],"refers_to":[{"id":79195,"section_number":"3.2-4112","catch_line":"Definitions","order_by":null,"url":"\/3.2-4112\/"},{"id":87044,"section_number":"3.2-4115","catch_line":"Issuance of registrations; exemption","order_by":null,"url":"\/3.2-4115\/"},{"id":81195,"section_number":"3.2-5145.1","catch_line":"Definitions","order_by":null,"url":"\/3.2-5145.1\/"},{"id":61546,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties","order_by":null,"url":"\/4.1-1100\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"},{"id":59669,"section_number":"54.1-3401","catch_line":"Definitions","order_by":null,"url":"\/54.1-3401\/"}],"permalink":{"id":166505,"object_type":"law","relational_id":84070,"identifier":"18.2-247","token":"18.2\/7\/1\/18.2-247","url":"\/18.2-247\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-247\/","token":"18.2\/7\/1\/18.2-247","dublin_core":{"Title":"Use of terms “controlled substances,” “marijuana,” “Schedules I, II, III, IV, V, and VI,” “imitation controlled substance,” and “counterfeit controlled substance” in Title 18.2","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-247","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Wherever the terms “controlled substances” and “Schedules<\/span> I, II, III, IV, V, and VI” are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The term “imitation controlled substance<\/span>” when used in this article means (i) a counterfeit controlled substance<\/span> or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Which by overall dosage unit appearance<\/span>, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the U.S. Food and Drug Administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an “imitation controlled substance<\/span>,” there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance<\/span> in overall finished dosage form, promotional materials<\/span> or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The term “marijuana<\/span>” when used in this article means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. “Marijuana<\/span>” does not include (i) the mature stalks of such plant, fiber produced from such stalk, oil or cake made from the seed of such plant, unless such stalks, fiber, oil or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp, as defined in § 3.2-4112<\/a>, that is possessed by a person registered pursuant to subsection A of § 3.2-4115<\/a> or his agent; (iii) industrial hemp, as defined in § 3.2-4112<\/a>, that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as defined in § 3.2-4112<\/a>; (v) an industrial hemp extract, as defined in § 3.2-5145.1<\/a>; or (vi) any substance containing a tetrahydrocannabinol<\/span> isomer<\/span>, ester, ether, salt or salts of such isomer<\/span>, ester, or ether that has been placed by the Board of Pharmacy into one of the schedules<\/span> set forth in the Drug Control Act (§ 54.1-3400<\/a> et seq.) pursuant to § 54.1-3443<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The term “counterfeit controlled substance<\/span>” means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact<\/span> so manufacture, process, pack or distribute such drug. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The term “tetrahydrocannabinol<\/span>” means any naturally occurring or synthetic tetrahydrocannabinol<\/span>, including its salts, isomers<\/span>, and salts of isomers<\/span> whenever the existence of such salts, isomers<\/span>, and salts of isomers<\/span> is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol<\/span>. For the purposes of this definition, “isomer<\/span>” means the optical, position, and geometric isomers<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The term “total tetrahydrocannabinol<\/span>” means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Department of Forensic Science shall determine the proper methods for detecting the concentration of tetrahydrocannabinol in substances for the purposes of this title, Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1, and § 54.1-3401<\/a>. The testing methodology shall use post-decarboxylation testing or other equivalent method and shall consider the potential conversion of tetrahydrocannabinolic acid into tetrahydrocannabinol. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF TERMS “CONTROLLED SUBSTANCES,” “MARIJUANA,”\n“SCHEDULES I, II, III, IV, V, AND VI,” “IMITATION CONTROLLED\nSUBSTANCE,” AND “COUNTERFEIT CONTROLLED SUBSTANCE” IN TITLE\n18.2 (\u00a7 18.2-247)\n\nA. Wherever the terms “controlled substances” and “Schedules\nI, II, III, IV, V, and VI” are used in Title 18.2, such terms refer to\nthose terms as they are used or defined in the Drug Control Act (§\n54.1-3400 et seq.).\n\nB. The term “imitation controlled substance” when used in this\narticle means (i) a counterfeit controlled substance or (ii) a pill, capsule,\ntablet, or substance in any form whatsoever which is not a controlled substance\nsubject to abuse, and:\n\n 1. Which by overall dosage unit appearance, including color, shape, size,\n marking and packaging or by representations made, would cause the likelihood\n that such a pill, capsule, tablet, or substance in any other form whatsoever\n will be mistaken for a controlled substance unless such substance was\n introduced into commerce prior to the initial introduction into commerce of\n the controlled substance which it is alleged to imitate; or\n\n 2. Which by express or implied representations purports to act like a\n controlled substance as a stimulant or depressant of the central nervous\n system and which is not commonly used or recognized for use in that particular\n formulation for any purpose other than for such stimulant or depressant\n effect, unless marketed, promoted, or sold as permitted by the U.S. Food and\n Drug Administration.\n\nC. In determining whether a pill, capsule, tablet, or substance in any other\nform whatsoever, is an “imitation controlled substance,” there shall\nbe considered, in addition to all other relevant factors, comparisons with\naccepted methods of marketing for legitimate nonprescription drugs for medicinal\npurposes rather than for drug abuse or any similar nonmedicinal use, including\nconsideration of the packaging of the drug and its appearance in overall\nfinished dosage form, promotional materials or representations, oral or written,\nconcerning the drug, and the methods of distribution of the drug and where and\nhow it is sold to the public.\n\nD. The term “marijuana” when used in this article means any part of\na plant of the genus Cannabis, whether growing or not, its seeds or resin; and\nevery compound, manufacture, salt, derivative, mixture, or preparation of such\nplant, its seeds, its resin, or any extract containing one or more cannabinoids.\n“Marijuana” does not include (i) the mature stalks of such plant,\nfiber produced from such stalk, oil or cake made from the seed of such plant,\nunless such stalks, fiber, oil or cake is combined with other parts of plants of\nthe genus Cannabis; (ii) industrial hemp, as defined in § 3.2-4112, that is\npossessed by a person registered pursuant to subsection A of § 3.2-4115 or\nhis agent; (iii) industrial hemp, as defined in § 3.2-4112, that is\npossessed by a person who holds a hemp producer license issued by the U.S.\nDepartment of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as\ndefined in § 3.2-4112; (v) an industrial hemp extract, as defined in §\n3.2-5145.1; or (vi) any substance containing a tetrahydrocannabinol isomer,\nester, ether, salt or salts of such isomer, ester, or ether that has been placed\nby the Board of Pharmacy into one of the schedules set forth in the Drug Control\nAct (§ 54.1-3400 et seq.) pursuant to § 54.1-3443.\n\nE. The term “counterfeit controlled substance” means a controlled\nsubstance that, without authorization, bears, is packaged in a container or\nwrapper that bears, or is otherwise labeled to bear, the trademark, trade name,\nor other identifying mark, imprint or device or any likeness thereof, of a drug\nmanufacturer, processor, packer, or distributor other than the manufacturer,\nprocessor, packer, or distributor who did in fact so manufacture, process, pack\nor distribute such drug.\n\nF. The term “tetrahydrocannabinol” means any naturally occurring or\nsynthetic tetrahydrocannabinol, including its salts, isomers, and salts of\nisomers whenever the existence of such salts, isomers, and salts of isomers is\npossible within the specific chemical designation and any preparation, mixture,\nor substance containing, or mixed or infused with, any detectable amount of\ntetrahydrocannabinol. For the purposes of this definition, “isomer”\nmeans the optical, position, and geometric isomers.\n\nG. The term “total tetrahydrocannabinol” means the sum, after the\napplication of any necessary conversion factor, of the percentage by weight of\ntetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic\nacid.\n\nH. The Department of Forensic Science shall determine the proper methods for\ndetecting the concentration of tetrahydrocannabinol in substances for the\npurposes of this title, Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, and\n§ 54.1-3401. The testing methodology shall use post-decarboxylation testing\nor other equivalent method and shall consider the potential conversion of\ntetrahydrocannabinolic acid into tetrahydrocannabinol.\n\nHISTORY: 1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c.\n756; 1999, cc. 661, 722; 2004, c. 688; 2019, cc. 653, 654; 2020, cc. 831, 1285,\n1286; 2021, Sp. Sess. I, c. 110; 2023, cc. 744, 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}