Title 18.2, Title 18.2. Crimes and Offenses Generally

Absent gross negligence, recklessness, or willful misconduct, any pharmacy or retail distributor utilizing the system or written log in compliance with this article shall be immune from civil liability as a result of actions or omissions in carrying out such statutory duties.

The provisions of Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 shall not apply to this article.

Any person subject to the recordkeeping and reporting requirements set forth in this article that willfully fails to report nonprescription sales of ephedrine or related compounds is guilty of a Class 1 misdemeanor.

As used in this article, unless the context requires a different meaning: "Dextromethorphan" means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan and its salts. "Pharmacy" means any establishment or institution from which drugs, medicines, or medicinal chemicals are dis…

In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following: 1. Constitutionally admissible statements by the accused concerning the use of the object; 2. The proximity of the object to marijuana or con…

A. It is unlawful for any pharmacy or retail distributor knowingly or intentionally to sell or distribute any product containing dextromethorphan to a minor. B. A pharmacy or retail distributor, or its employee or agent, shall not sell or distribute a product containing dextromet…

Any person who distributes or possesses with the intent to distribute unfinished dextromethorphan who is not registered under § 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.) or otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.) to distr…

A. Any person who sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufactur…

It shall be unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects…

As used in this article, unless the context requires a different meaning: "Department" means the Department of State Police. "Ephedrine or related compounds" means ephedrine and pseudoephedrine base or their salts, isomers, or salts of isomers. "Pharmacy" means any establishment …

A. The sale of any product containing ephedrine or related compounds sold by a pharmacy or retail distributor shall be limited to no more than 3.6 grams per day and 9 grams per 30-day period per individual customer. The limits shall apply to the total amount of base ephedrine or …

A. The Department shall enter into a memorandum of understanding with an appropriate entity to establish the Commonwealth's participation in a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or related compounds. The memorandum of understanding …

A. A pharmacy or retail distributor shall not complete the sale if the system generates a stop sales alert unless the individual distributing the ephedrine or related compound has a reasonable fear of imminent bodily harm if the sale is not completed. B. In the event of a mechani…

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administer…

A. It is unlawful for any person younger than 21 years of age to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less tha…

A. Any person who is suspected of a violation of § 18.2-266, 18.2-266.1, subsection B of § 18.2-272, or a similar ordinance shall have the right, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall…

As used in §§ 18.2-268.2 through 18.2-268.12, unless the context clearly indicates otherwise: The phrase "alcohol or drug" means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs. The phrase "blood or breath" means either or both. "Chief police officer" …

A. In any trial for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or a similar ordinance, the admission of the blood or breath test results shall not limit the introduction of any other relevant evidence bearing upon any question at issue before the court, …

The steps set forth in §§ 18.2-268.2 through 18.2-268.9 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall n…

The governing bodies of counties, cities and towns are authorized to adopt ordinances paralleling the provisions of §§ 18.2-268.1 through 18.2-268.11.

A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and brea…

A. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as requir…

A. Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection A or B of § 18.2-268.3 is to be tried. B. The procedure for appeal and trial of a…

For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting upon the recommendation of a licensed physician, using soap and water, p…

The blood sample withdrawn pursuant to § 18.2-268.5 shall be placed in vials provided or approved by the Department of Forensic Science. The vials shall be sealed by the person taking the sample or at his direction. The person who seals the vials shall complete the prenumbered ce…

A. Upon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6, the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute a certificate of analysis indicating the name of the …

Payment for withdrawing blood shall not exceed $25, which shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar…

A. To be capable of being considered valid as evidence in a prosecution under § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or a similar ordinance, chemical analysis of a person's breath shall be performed by an individual possessing a valid license to conduct such tests…

A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii), or (iv) of § 18.2-266 or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused…

A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article …

A. The court shall order any person convicted of a violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1 or § 46.2-341.24 who has been convicted previously of one or more violations of any of those sections or any ordinance, any law of another state, or any law of the United…

A. For purposes of this section: "Commission" means the Commission on VASAP. "Department" means the Department of Motor Vehicles. "Ignition interlock system" means a device that (i) connects a motor vehicle ignition system to an analyzer that measures a driver's blood alcohol con…

A. Except as provided in § 18.2-271.1, the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any local ordinance, or for a first offense under subsection A of § 46.2-341.24, shall of itself operate to deprive the person so convicted of …

A. Any person convicted of a violation of § 18.2-266, or any ordinance of a locality similar to the provisions thereof, or provisions of subsection A of § 46.2-341.24, shall be required by court order, as a condition of probation or otherwise, to enter into and successfully compl…

Notwithstanding any other provision of law, in any criminal case for any violation of Article 7 ( § 46.2-852 et seq.) of Chapter 8 of Title 46.2 where a defendant's license to operate a motor vehicle, engine, or train in the Commonwealth is subject to revocation or suspension and…

A. Any person who drives or operates any motor vehicle on any highway, as defined in § 46.2-100, in the Commonwealth, or any engine or train in the Commonwealth, during the time for which he was deprived of the right to do so (i) upon conviction of a violation of § 18.2-268.3 or …

The clerk of every court of record and the judge of every court not of record shall, within thirty days after final conviction of any person in his court under the provisions of this article, report the fact thereof and the name, post-office address and street address of such per…

As used in this article, unless the context requires a different meaning: "Commission" means the Commission on VASAP. "Department" means the Department of Motor Vehicles. "Executive finance committee" means the advisory subcommittee of the Commission, composed of the Executive Di…

A. There is hereby established in the legislative branch of state government the Commission on the Virginia Alcohol Safety Action Program (VASAP), which shall be deemed an agency of the Commonwealth for the purposes of administration, regulation, and receipt or disbursement of fu…

In addition to the powers and duties of the Commission pursuant to § 18.2-273.2, the Commission shall: 1. Approve the VASAP Certification Manual, which prescribes statewide standards, criteria, and procedures for certification, auditing, fiscal management, and overall performance…

A. The Commission, or any county, city, or town, or any combination thereof, may establish and, if established, shall operate, in accordance with the standards and criteria required by this section, alcohol safety action programs (ASAPs) in connection with highway safety. Each su…

A. The local independent policy board responsible for directing the operation of a local ASAP established pursuant to § 18.2-273.4 shall have the following powers and duties: 1. Review and approve the annual program budget prior to the submission of such budget to the Commission …

A. Each local ASAP shall, as a condition of certification by the Commission, designate a county, city, or town for which it serves to act as its fiscal agent locality. Such fiscal agent locality shall (i) be responsible for the receipt, disbursement, and accounting of all local A…

A. Every local ASAP shall be certified at least every three years. Any local ASAP that is found not in compliance shall submit an action plan within 10 days of notice from the Commission that such local ASAP is not in compliance. The Commission may issue conditional certification…

A. No person shall perform duties for, or be employed by, a local ASAP unless such person has obtained and maintains a certification issued by the Commission. B. Every case manager, and any other employee who is designated by the director of any VASAP-certified local alcohol safe…

A. The Executive Director of the Commission or his designee shall, pursuant to approval by the Commission, certify ignition interlock systems for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such ignition interloc…