Virginia SB 262: Psilocybin or psilocyn; possession, civil penalty.

Bill Text

2022SESSION
INTRODUCED
22101765D
1 SENATEBILLNO.262
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact §§ 15.2-1627, 18.2-250, and 18.2-251.02 of the Code of Virginia, relating
5 to possession of psilocybin; civil penalty.
6 ––––––––––
Patrons––HashmiandBoysko
7 ––––––––––
8 ReferredtoCommitteeontheJudiciary
9 ––––––––––
10 Be it enacted by the General Assembly of Virginia:
11 1. That §§ 15.2-1627, 18.2-250, and 18.2-251.02 of the Code of Virginia are amended and reenacted
12 as follows:
13 §15.2-1627. Duties of attorneys for the Commonwealth and their assistants.
14 A. No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required
15 to carry out any duties as a part of his office in civil matters of advising the governing body and all
16 boards, departments, agencies, officials and employees of his county or city; of drafting or preparing
17 county or city ordinances; of defending or bringing actions in which the county or city, or any of its
18 boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other
19 manner of advising or representing the county or city, its boards, departments, agencies, officials and
20 employees, except in matters involving the enforcement of the criminal law within the county or city.
21 B. The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part
22 of the department of law enforcement of the county or city in which he is elected or appointed, and
23 shall have the duties and powers imposed upon him by general law, including the duty of prosecuting
24 all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute
25 Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of
26 confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all
27 forfeitures, and carry out all duties imposed upon him by § 2.2-3126. He may enforce the provisions of
28 subsection C of § 18.2-250 and § 18.2-268.3, 29.1-738.2, 46.2-341.20:7, or 46.2-341.26:3. He may, in
29 his discretion, file a notice of appeal with the circuit court for the appeal of a criminal case for which
30 he was the prosecuting attorney and he may appear and represent the Commonwealth in any criminal
31 case on appeal before the Court of Appeals or the Supreme Court for which he was the prosecuting
32 attorney, provided that the Attorney General consented to such appearance pursuant to § 2.2-511.
33 He shall also represent the Commonwealth in an appeal of a civil matter related to the enforcement
34 of a criminal law or a criminal case for which he was the prosecuting attorney, including a petition for
35 expungement of a defendant's criminal record, an action of forfeiture filed in accordance with the
36 provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, or any matter which he may enforce
37 pursuant to this section.
38 §18.2-250. Possession of controlled substances unlawful.
39 A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless
40 the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner
41 while acting in the course of his professional practice, or except as otherwise authorized by the Drug
42 Control Act (§54.1-3400 et seq.).
43 Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises
44 or vehicle upon or in which a controlled substance was found shall not create a presumption that such
45 person either knowingly or intentionally possessed such controlled substance.
46 (a) Any Except as provided in subsection C, any person who violates this section with respect to any
47 controlled substance classified in Schedule I or II of the Drug Control Act shall be is guilty of a Class 5
48 felony, except that any person other than an inmate of a penal institution as defined in § 53.1-1 or in the
49 custody of an employee thereof who violates this section with respect to a cannabimimetic agent is
50 guilty of a Class 1 misdemeanor.
51 (b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of
52 an employee thereof, who violates this section with respect to a controlled substance classified in
53 Schedule III shall be is guilty of a Class 1 misdemeanor.
54 (b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be
55 punishable as a Class 2 misdemeanor.
56 (b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be
57 punishable as a Class 3 misdemeanor.
58 (c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be
INTRODUCED
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59 punishable as a Class 4 misdemeanor.
60 B. The provisions of this section shall not apply t