{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-251.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-251.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-251.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-251.html"}],"law_id":68547,"edition_id":1,"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","history":"Code 1950, \u00a7 54-524.101:3; 1972, c. 798; 1975, cc. 14, 15; 1976, c. 181; 1979, c. 435; 1983, c. 513; 1991, c. 482; 1992, cc. 58, 833; 1993, c. 410; 1997, c. 380; 1998, cc. 688, 783, 840; 2000, cc. 1020, 1041; 2001, cc. 430, 450, 827; 2007, c. 133; 2009, cc. 813, 840; 2011, cc. 384, 410; 2014, cc. 674, 719; 2017, cc. 695, 703; 2019, cc. 782, 783; 2020, cc. 740, 741, 1285, 1286; 2024, cc. 785, 811.","full_text":"Whenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, with the exception of any misdemeanor conviction for possession of marijuana, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, except a dismissal of a misdemeanor offense for possession of marijuana, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under \u00a7 18.2-250, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to \u00a7 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer.\n\t\tAs a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to \u00a7 18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and\/or education program or services, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, by a similar program which is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to \u00a7 9.1-174, or (iii) an ASAP program certified by the Commission on VASAP.\n\t\tThe court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused’s ability to pay unless the person is determined by the court to be indigent.\n\t\tAs a condition of probation, the court shall require the accused (a) to successfully complete treatment or education program or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of community service for a misdemeanor. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.\n\t\tUpon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.\n\t\tNotwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of \u00a7 22.1-315. The provisions of this paragraph shall not be applicable to any offense for which a juvenile has had his license suspended or denied pursuant to \u00a7 16.1-278.9 for the same offense.","order_by":null,"text":{"0":{"id":248132,"text":"Whenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, with the exception of any misdemeanor conviction for possession of marijuana, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, except a dismissal of a misdemeanor offense for possession of marijuana, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under \u00a7 18.2-250, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to \u00a7 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer.\n\t\tAs a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to \u00a7 18.2-251.01 or 19.2-299.2, as appropriate, and enter treatment and\/or education program or services, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, by a similar program which is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to \u00a7 9.1-174, or (iii) an ASAP program certified by the Commission on VASAP.\n\t\tThe court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused’s ability to pay unless the person is determined by the court to be indigent.\n\t\tAs a condition of probation, the court shall require the accused (a) to successfully complete treatment or education program or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of community service for a misdemeanor. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.\n\t\tUpon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.\n\t\tNotwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of \u00a7 22.1-315. The provisions of this paragraph shall not be applicable to any offense for which a juvenile has had his license suspended or denied pursuant to \u00a7 16.1-278.9 for the same offense.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 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 1972, chapter 798; in 1975, chapters 14 and 15; in 1976, chapter 181; in 1979, chapter 435; in 1983, chapter 513; in 1991, chapter 482; in 1992, chapters 58 and 833; in 1993, chapter 410; in 1997, chapter 380<\/a>; in 1998, chapters 688<\/a>, 783<\/a>, and 840<\/a>; in 2000, chapters 1020<\/a> and 1041<\/a>; in 2001, chapters 430<\/a>, 450<\/a>, and 827<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2011, chapters 384<\/a> and 410<\/a>; in 2014, chapters 674<\/a> and 719<\/a>; in 2017, chapters 695<\/a> and 703<\/a>; in 2019, chapters 782<\/a> and 783<\/a>; in 2020, chapters 740<\/a>, 741<\/a>, 1285<\/a>, and 1286<\/a>; in 2024, chapters 785<\/a> and 811<\/a>.<\/p>","references":[{"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":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"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":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":69998,"section_number":"17.1-275.8","catch_line":"Fixed drug misdemeanor fee","order_by":null,"url":"\/17.1-275.8\/"},{"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":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"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":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":64557,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","order_by":null,"url":"\/19.2-389.3\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":80211,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","order_by":null,"url":"\/19.2-392\/"},{"id":60498,"section_number":"2.2-3007","catch_line":"Certain employees of the Departments of Corrections and Juvenile Justice","order_by":null,"url":"\/2.2-3007\/"},{"id":58613,"section_number":"22.1-315","catch_line":"Grounds and procedure for suspension","order_by":null,"url":"\/22.1-315\/"}],"refers_to":[{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":82839,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","order_by":null,"url":"\/18.2-251.01\/"},{"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":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":58613,"section_number":"22.1-315","catch_line":"Grounds and procedure for suspension","order_by":null,"url":"\/22.1-315\/"},{"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":166577,"object_type":"law","relational_id":68547,"identifier":"18.2-251","token":"18.2\/7\/1\/18.2-251","url":"\/18.2-251\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-251\/","token":"18.2\/7\/1\/18.2-251","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-251","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever any person who has not previously been convicted of any criminal offense<\/span> under this article or under any statute<\/span> of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, with the exception of any misdemeanor<\/span> conviction<\/span> for possession<\/span> of marijuana, or has not previously had a proceeding against him for violation of such an offense<\/span> dismissed as provided in this section, except a dismissal<\/span> of a misdemeanor<\/span> offense<\/span> for possession<\/span> of marijuana, pleads guilty to or enters a plea<\/span> of not guilty to possession<\/span> of a controlled substance under \u00a7 18.2-250<\/a>, the court, upon such plea<\/span> if the facts<\/span> found by the court would justify a finding<\/span> of guilt, without entering a judgment<\/span> of guilt and with the consent of the accused<\/span>, may defer further proceedings and place him on probation<\/span> upon terms and conditions. If the court defers further proceedings, at that time the court shall determine whether the clerk of court<\/span> has been provided with the fingerprint identification information or fingerprints of the person, taken by a law<\/span>-enforcement officer pursuant to \u00a7 19.2-390<\/a>, and, if not, shall order<\/span> that the fingerprints and photograph of the person be taken by a law<\/span>-enforcement officer.\n\t\tAs a term or condition, the court shall require the accused<\/span> to undergo a substance abuse assessment pursuant to \u00a7 18.2-251.01<\/a> or 19.2-299.2<\/a>, as appropriate, and enter treatment and\/or education program or services, if available, such as, in the opinion<\/span> of the court, may be best suited to the needs of the accused<\/span> based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, by a similar program which is made available through the Department of Corrections, (ii) a local community-based probation<\/span> services agency established pursuant to \u00a7 9.1-174<\/a>, or (iii) an ASAP program certified by the Commission on VASAP.\n\t\tThe court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused<\/span>’s ability to pay unless the person is determined by the court to be indigent<\/span>.\n\t\tAs a condition of probation<\/span>, the court shall require the accused<\/span> (a) to successfully complete treatment or education program or services, (b) to remain drug and alcohol free during the period of probation<\/span> and submit to such tests during that period as may be necessary and appropriate to determine if the accused<\/span> is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of at least 100 hours of community service<\/span> for a felony<\/span> and up to 24 hours of community service<\/span> for a misdemeanor<\/span>. Such testing shall be conducted by personnel of the supervising probation<\/span> agency or personnel of any program or agency approved by the supervising probation<\/span> agency.\n\t\tUpon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court<\/span> has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal<\/span> under this section shall be without adjudication of guilt and is a conviction<\/span> only for the purposes of applying this section in subsequent proceedings.\n\t\tNotwithstanding any other provision of this section, whenever a court places an individual on probation<\/span> upon terms and conditions pursuant to this section, such action shall be treated as a conviction<\/span> for purposes of \u00a7 22.1-315<\/a>. The provisions of this paragraph shall not be applicable to any offense<\/span> for which a juvenile has had his license suspended or denied pursuant to \u00a7 16.1-278.9<\/a> for the same offense<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONS CHARGED WITH FIRST OFFENSE MAY BE PLACED ON PROBATION; CONDITIONS;\nSUBSTANCE ABUSE SCREENING, ASSESSMENT TREATMENT AND EDUCATION PROGRAMS OR\nSERVICES; DRUG TESTS; COSTS AND FEES; VIOLATIONS; DISCHARGE (\u00a7 18.2-251)\n\nWhenever any person who has not previously been convicted of any criminal\noffense under this article or under any statute of the United States or of any\nstate relating to narcotic drugs, marijuana, or stimulant, depressant, or\nhallucinogenic drugs, with the exception of any misdemeanor conviction for\npossession of marijuana, or has not previously had a proceeding against him for\nviolation of such an offense dismissed as provided in this section, except a\ndismissal of a misdemeanor offense for possession of marijuana, pleads guilty to\nor enters a plea of not guilty to possession of a controlled substance under \u00a7\n18.2-250, the court, upon such plea if the facts found by the court would\njustify a finding of guilt, without entering a judgment of guilt and with the\nconsent of the accused, may defer further proceedings and place him on probation\nupon terms and conditions. If the court defers further proceedings, at that time\nthe court shall determine whether the clerk of court has been provided with the\nfingerprint identification information or fingerprints of the person, taken by a\nlaw-enforcement officer pursuant to \u00a7 19.2-390, and, if not, shall order that\nthe fingerprints and photograph of the person be taken by a law-enforcement\nofficer.\n\t\tAs a term or condition, the court shall require the accused to undergo a\nsubstance abuse assessment pursuant to \u00a7 18.2-251.01 or 19.2-299.2, as\nappropriate, and enter treatment and\/or education program or services, if\navailable, such as, in the opinion of the court, may be best suited to the needs\nof the accused based upon consideration of the substance abuse assessment. The\nprogram or services may be located in the judicial district in which the charge\nis brought or in any other judicial district as the court may provide. The\nservices shall be provided by (i) a program licensed by the Department of\nBehavioral Health and Developmental Services, by a similar program which is made\navailable through the Department of Corrections, (ii) a local community-based\nprobation services agency established pursuant to \u00a7 9.1-174, or (iii) an ASAP\nprogram certified by the Commission on VASAP.\n\t\tThe court shall require the person entering such program under the provisions\nof this section to pay all or part of the costs of the program, including the\ncosts of the screening, assessment, testing, and treatment, based upon the\naccused’s ability to pay unless the person is determined by the court to\nbe indigent.\n\t\tAs a condition of probation, the court shall require the accused (a) to\nsuccessfully complete treatment or education program or services, (b) to remain\ndrug and alcohol free during the period of probation and submit to such tests\nduring that period as may be necessary and appropriate to determine if the\naccused is drug and alcohol free, (c) to make reasonable efforts to secure and\nmaintain employment, and (d) to comply with a plan of at least 100 hours of\ncommunity service for a felony and up to 24 hours of community service for a\nmisdemeanor. Such testing shall be conducted by personnel of the supervising\nprobation agency or personnel of any program or agency approved by the\nsupervising probation agency.\n\t\tUpon violation of a term or condition, the court may enter an adjudication of\nguilt and proceed as otherwise provided. Upon fulfillment of the terms and\nconditions, and upon determining that the clerk of court has been provided with\nthe fingerprint identification information or fingerprints of such person, the\ncourt shall discharge the person and dismiss the proceedings against him.\nDischarge and dismissal under this section shall be without adjudication of\nguilt and is a conviction only for the purposes of applying this section in\nsubsequent proceedings.\n\t\tNotwithstanding any other provision of this section, whenever a court places\nan individual on probation upon terms and conditions pursuant to this section,\nsuch action shall be treated as a conviction for purposes of \u00a7 22.1-315. The\nprovisions of this paragraph shall not be applicable to any offense for which a\njuvenile has had his license suspended or denied pursuant to \u00a7 16.1-278.9 for\nthe same offense.\n\nHISTORY: Code 1950, \u00a7 54-524.101:3; 1972, c. 798; 1975, cc. 14, 15; 1976, c.\n181; 1979, c. 435; 1983, c. 513; 1991, c. 482; 1992, cc. 58, 833; 1993, c. 410;\n1997, c. 380; 1998, cc. 688, 783, 840; 2000, cc. 1020, 1041; 2001, cc. 430, 450,\n827; 2007, c. 133; 2009, cc. 813, 840; 2011, cc. 384, 410; 2014, cc. 674, 719;\n2017, cc. 695, 703; 2019, cc. 782, 783; 2020, cc. 740, 741, 1285, 1286; 2024,\ncc. 785, 811.","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}}