Bill > HB637

This bill establishes a new offense for the unlawful possession of residue of a controlled substance, making it a Class 1 misdemeanor for substances classified in Schedule I or II of the Drug Control Act, with lesser penalties for substances in Schedules III, IV, V, or VI, and exempting fentanyl residue from this new charge. It also amends existing laws to include this new offense in various contexts, such as protections for individuals reporting overdoses or sexual violence, exemptions for industrial hemp producers and pharmaceutical processors, and provisions related to firearm purchase restrictions for those with certain drug convictions. Importantly, the bill allows for the reduction of a charge for possession of a controlled substance classified in Schedule I or II to this new residue offense, at the discretion of the attorney for the Commonwealth, thereby lowering the potential penalty from a Class 5 felony to a Class 1 misdemeanor.

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https://lis.virginia.gov/bill-details/20261/HB637