{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-251.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-251.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-251.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-251.01.html"}],"law_id":82839,"edition_id":1,"section_id":82839,"structure_id":13207,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","history":"1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 1020, 1041; 2007, c. 133; 2009, cc. 813, 840; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"A\n\nWhen a person is convicted of a felony, except a Class 1 felony, committed on or after January 1, 2000, he shall be required to undergo a substance abuse screening and, if the screening indicates a substance abuse or dependence problem, an assessment by a certified substance abuse counselor as defined in § 54.1-3500 employed by the Department of Corrections or by an agency employee under the supervision of such counselor. If the person is determined to have a substance abuse problem, the court shall require him to enter treatment and\/or education program or services, if available, which, in the opinion of the court, is best suited to the needs of the person. The program or services may be located in the judicial district in which the conviction was had or in any other judicial district as the court may provide. The treatment and\/or education program or services shall be licensed by the Department of Behavioral Health and Developmental Services or shall be a similar program or services which are made available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP. The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, or both, based upon the defendant’s ability to pay.B\n\nAs a condition of any suspended sentence and probation, the court shall order the person to undergo periodic testing and treatment for substance abuse, if available, as the court deems appropriate based upon consideration of the substance abuse assessment.","order_by":null,"text":{"0":{"id":296955,"text":"When a person is convicted of a felony, except a Class 1 felony, committed on or after January 1, 2000, he shall be required to undergo a substance abuse screening and, if the screening indicates a substance abuse or dependence problem, an assessment by a certified substance abuse counselor as defined in § 54.1-3500 employed by the Department of Corrections or by an agency employee under the supervision of such counselor. If the person is determined to have a substance abuse problem, the court shall require him to enter treatment and\/or education program or services, if available, which, in the opinion of the court, is best suited to the needs of the person. The program or services may be located in the judicial district in which the conviction was had or in any other judicial district as the court may provide. The treatment and\/or education program or services shall be licensed by the Department of Behavioral Health and Developmental Services or shall be a similar program or services which are made available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP. The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, or both, based upon the defendant’s ability to pay.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296956,"text":"As a condition of any suspended sentence and probation, the court shall order the person to undergo periodic testing and treatment for substance abuse, if available, as the court deems appropriate based upon consideration of the substance abuse assessment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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; penalties","url":"\/18.2-248.05\/","token":"18.2\/7\/1\/18.2-248.05","metadata":false},{"id":60632,"structure_id":13207,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","url":"\/18.2-248.1\/","token":"18.2\/7\/1\/18.2-248.1","metadata":false},{"id":84921,"structure_id":13207,"section_number":"18.2-248.1:1","catch_line":"Repealed","url":"\/18.2-248.1_1\/","token":"18.2\/7\/1\/18.2-248.1_1","metadata":false},{"id":79095,"structure_id":13207,"section_number":"18.2-248.2","catch_line":"Repealed","url":"\/18.2-248.2\/","token":"18.2\/7\/1\/18.2-248.2","metadata":false},{"id":63135,"structure_id":13207,"section_number":"18.2-248.3","catch_line":"Professional use of imitation controlled substances","url":"\/18.2-248.3\/","token":"18.2\/7\/1\/18.2-248.3","metadata":false},{"id":74647,"structure_id":13207,"section_number":"18.2-248.4","catch_line":"Advertisement of imitation controlled substances prohibited; 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public schools","url":"\/18.2-251.1_1\/","token":"18.2\/7\/1\/18.2-251.1_1","metadata":false},{"id":56326,"structure_id":13207,"section_number":"18.2-251.1:2","catch_line":"Possession or distribution of cannabis oil; nursing homes and certified nursing facilities; hospice and hospice facilities; assisted living facilities","url":"\/18.2-251.1_2\/","token":"18.2\/7\/1\/18.2-251.1_2","metadata":false},{"id":57833,"structure_id":13207,"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","url":"\/18.2-251.1_3\/","token":"18.2\/7\/1\/18.2-251.1_3","metadata":false},{"id":60795,"structure_id":13207,"section_number":"18.2-251.2","catch_line":"Possession and distribution of flunitrazepam; enhanced penalty","url":"\/18.2-251.2\/","token":"18.2\/7\/1\/18.2-251.2","metadata":false},{"id":81533,"structure_id":13207,"section_number":"18.2-251.3","catch_line":"Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty","url":"\/18.2-251.3\/","token":"18.2\/7\/1\/18.2-251.3","metadata":false},{"id":57979,"structure_id":13207,"section_number":"18.2-251.4","catch_line":"Defeating drug and alcohol screening tests; penalty","url":"\/18.2-251.4\/","token":"18.2\/7\/1\/18.2-251.4","metadata":false},{"id":66570,"structure_id":13207,"section_number":"18.2-251.5","catch_line":"Manufacturing, selling, giving, distributing, or possessing xylazine; penalties","url":"\/18.2-251.5\/","token":"18.2\/7\/1\/18.2-251.5","metadata":false},{"id":65343,"structure_id":13207,"section_number":"18.2-252","catch_line":"Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education","url":"\/18.2-252\/","token":"18.2\/7\/1\/18.2-252","metadata":false},{"id":79890,"structure_id":13207,"section_number":"18.2-253","catch_line":"Repealed","url":"\/18.2-253\/","token":"18.2\/7\/1\/18.2-253","metadata":false},{"id":79884,"structure_id":13207,"section_number":"18.2-254","catch_line":"Commitment of convicted person for treatment for substance abuse","url":"\/18.2-254\/","token":"18.2\/7\/1\/18.2-254","metadata":false},{"id":56553,"structure_id":13207,"section_number":"18.2-254.1","catch_line":"Recovery Court Act","url":"\/18.2-254.1\/","token":"18.2\/7\/1\/18.2-254.1","metadata":false},{"id":71021,"structure_id":13207,"section_number":"18.2-254.2","catch_line":"Specialty dockets; 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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}],"previous_section":{"id":68547,"structure_id":13207,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","url":"\/18.2-251\/","token":"18.2\/7\/1\/18.2-251","metadata":false},"next_section":{"id":58651,"structure_id":13207,"section_number":"18.2-251.02","catch_line":"Drug Offender Assessment and Treatment Fund","url":"\/18.2-251.02\/","token":"18.2\/7\/1\/18.2-251.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-251.01\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 783<\/a> and 840<\/a> 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. It has been modified 4 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 1999, chapters 891<\/a> and 913<\/a>; in 2000, chapters 1020<\/a> and 1041<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 813<\/a> and 840<\/a>.<\/p>","references":[{"id":68547,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-251\/"},{"id":65343,"section_number":"18.2-252","catch_line":"Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education","order_by":null,"url":"\/18.2-252\/"},{"id":79884,"section_number":"18.2-254","catch_line":"Commitment of convicted person for treatment for substance abuse","order_by":null,"url":"\/18.2-254\/"},{"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\/"}],"refers_to":[{"id":54880,"section_number":"54.1-3500","catch_line":"Definitions","order_by":null,"url":"\/54.1-3500\/"},{"id":65065,"section_number":"9.1-174","catch_line":"Establishment of a community-based probation services agency","order_by":null,"url":"\/9.1-174\/"}],"permalink":{"id":166581,"object_type":"law","relational_id":82839,"identifier":"18.2-251.01","token":"18.2\/7\/1\/18.2-251.01","url":"\/18.2-251.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-251.01\/","token":"18.2\/7\/1\/18.2-251.01","dublin_core":{"Title":"Substance abuse screening and assessment for felony convictions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-251.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a person is convicted of a felony<\/span>, except a Class 1 felony<\/span>, committed on or after January 1, 2000, he shall be required to undergo a substance abuse screening and, if the screening indicates a substance abuse or dependence problem, an assessment by a certified substance abuse counselor as defined in § 54.1-3500<\/a> employed by the Department of Corrections or by an agency employee under the supervision of such counselor. If the person is determined to have a substance abuse problem, the court<\/span> shall require him to enter treatment and\/or education program or services, if available, which, in the opinion<\/span> of the court<\/span>, is best suited to the needs of the person. The program or services may be located in the judicial district in which the conviction<\/span> was had or in any other judicial district as the court<\/span> may provide. The treatment and\/or education program or services shall be licensed by the Department of Behavioral Health and Developmental Services or shall be a similar program or services which are made available through the Department of Corrections if the court<\/span> imposes a sentence of one year or more or, if the court<\/span> imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation<\/span> services agency established pursuant to § 9.1-174<\/a>, or an ASAP program certified by the Commission on VASAP. The services agency or program may require the person entering such program or services under the provisions of this section to pay a fee for the education and treatment component, or both, based upon the defendant<\/span>’s ability to pay. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As a condition of any suspended sentence<\/span> and probation<\/span>, the court<\/span> shall order<\/span> the person to undergo periodic testing and treatment for substance abuse, if available, as the court<\/span> deems appropriate based upon consideration of the substance abuse assessment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBSTANCE ABUSE SCREENING AND ASSESSMENT FOR FELONY CONVICTIONS (\u00a7 18.2-251.01)\n\nA. When a person is convicted of a felony, except a Class 1 felony, committed on\nor after January 1, 2000, he shall be required to undergo a substance abuse\nscreening and, if the screening indicates a substance abuse or dependence\nproblem, an assessment by a certified substance abuse counselor as defined in\n§ 54.1-3500 employed by the Department of Corrections or by an agency\nemployee under the supervision of such counselor. If the person is determined to\nhave a substance abuse problem, the court shall require him to enter treatment\nand\/or education program or services, if available, which, in the opinion of the\ncourt, is best suited to the needs of the person. The program or services may be\nlocated in the judicial district in which the conviction was had or in any other\njudicial district as the court may provide. The treatment and\/or education\nprogram or services shall be licensed by the Department of Behavioral Health and\nDevelopmental Services or shall be a similar program or services which are made\navailable through the Department of Corrections if the court imposes a sentence\nof one year or more or, if the court imposes a sentence of 12 months or less, by\na similar program or services available through a local or regional jail, a\nlocal community-based probation services agency established pursuant to §\n9.1-174, or an ASAP program certified by the Commission on VASAP. The services\nagency or program may require the person entering such program or services under\nthe provisions of this section to pay a fee for the education and treatment\ncomponent, or both, based upon the defendant’s ability to pay.\n\nB. As a condition of any suspended sentence and probation, the court shall order\nthe person to undergo periodic testing and treatment for substance abuse, if\navailable, as the court deems appropriate based upon consideration of the\nsubstance abuse assessment.\n\nHISTORY: 1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 1020, 1041; 2007, c.\n133; 2009, cc. 813, 840; 2021, Sp. Sess. I, cc. 344, 345.","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}}