Virginia statute
Va. Code Ann. § 18.2-308.4 — Possession of firearms while in possession of certain substances
Current through 2026 Regular Session
Part of Article 7: Other Illegal Weapons, Code of Virginia.
Amendment pending: a new version of this section takes effect Thu Jul 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).
Criminal charges under this statute
Full text of Va. Code Ann. § 18.2-308.4
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
A. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony.
B. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
C. It shall be unlawful for any person to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) or more than one pound of marijuana. A violation of this subsection is a Class 6 felony, and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
Official sources
Legal terms used in this section
Questions this section answers
Is possession of firearms while in possession of certain substances a felony or a misdemeanor in Virginia?
Possession of firearms while in possession of certain substances is a class 6 felony in Virginia under Va. Code Ann. § 18.2-308.4.
Which Virginia statute covers possession of firearms while in possession of certain substances?
Possession of firearms while in possession of certain substances is governed by Va. Code Ann. § 18.2-308.4 (Possession of firearms while in possession of certain substances).
This reference is informational and is not legal advice.