Virginia Laws Governing Alcohol & Other Drugs

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Last updated: yesterday at 3:46 pm by Jennifer Bauman
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In accordance with the Drug-Free Schools and Communities Act, EMU communicates the information in this section regarding the unlawful possession, use or distribution of illicit drugs and alcohol to its students and employees. 

Federal Alcohol and Drug Penalties

Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances.

Penalties depend on various factors, including the type (Schedule I - V) and amount of the drug involved, and whether there is intent to distribute. Penalties under federal law range from less than one year to life imprisonment and/or $1,000 to $4 million fines for first offenses. Penalties may include forfeiture of property, including vehicles used to possess, transport or conceal a controlled substance, and forfeiture of Federal benefits, including student loans. A drug conviction may also result in future denial of professional licenses.

Federal Penalties and Sanctions for Illegal Possession of Controlled Substances
21 U.S.C. 844 (a)

  • 1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
  • After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
  • After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.
  • Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if: (a) 1st conviction and the amount of crack possessed exceeds 5 grams; (b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams; or (c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853 (a) (2) and 881 (a) (7)

  • Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See specially sentencing provisions re: crack, above.)

21 U.S.C. 881 (a) (4)

  • Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a

  • Civil fine of up to $10,000

21 U.S.C. 862

  • Denial of Federal Benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922 (g)

  • Ineligible to receive or purchase a firearm.


Federal Penalties for Illegal Trafficking of Controlled Substances

The Controlled Substances Act (CSA), Title II of the comprehensive Drug Abuse Prevention and Control Act of 1970, is a consolidation of numerous federal laws regulating the manufacture and distribution of controlled substances. The CSA places all use, potential for abuse and safety or dependence liability.

The CSA provides penalties for the unlawful manufacturing and distribution of controlled substances. The charts on pages 36-37 of the U.S. Department of Justice publication, Drugs of Abuse, 2020 Edition, provides an overview of the penalties for trafficking of controlled substances.

For additional details about Federal illicit drug laws, visit the following websites:


City of Harrisonburg Alcohol Ordinances

Open Container and Drinking in Public - Sec. 16-8-51

  1. If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether accepted or not, at or in any public place, as defined in § 4.1-100 of the Code of Virginia, 1950, as amended, he shall be guilty of a Class 4 misdemeanor.

  2. It shall be unlawful for any person to possess an open or opened container, can, cup, glass or bottle containing an alcoholic beverage in any city parks, playgrounds, public streets and any sidewalks adjoining any public streets in the city.
  3. This article shall not prevent any person from drinking alcoholic beverages, offering a drink thereof to another or possessing an open container, as described in subsection (b) of this section, in the dining room or other designated room, as defined in § 4-25 of the Code of Virginia, 1950, as amended, of a hotel, restaurant or club; provided, that such hotel, restaurant or club, or the person who operated the same, is licensed to sell for consumption in such dining room or other rooms such alcoholic beverages and the alcoholic beverages drunk or offered were purchased therein.
  4. This article shall not prevent any person from drinking alcoholic beverages, offering a drink thereof to another or possessing an open container, as described in subsection (b) of this section, in any room or area approved by the ABC board at an event for which a banquet license or mixed beverage special events license has been granted. Nor shall this article prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted.


Drunk in Public - Sec. 16-7-33

  1. If any person profanely curse or swear or be drunk in public he shall be guilty of a Class 4 misdemeanor.
  2. If any person shall be convicted for being drunk in public three (3) times within one (1) year in this state, upon the third or any subsequent conviction for such offense within the period of one (1) year, such person shall be guilty of a Class 3 misdemeanor.