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Section 21-10. Possession of controlled substances or <br /> marijuana unlawful. <br /> <br /> (a) It is unlawful for any person knowingly or intentional- <br />ly to possess a controlled substance or-marijuana, as define · <br />in the Drug Control Act of the Code of Virginia, unless the <br />substance was obtained directly from, or pursuant to, a valid <br /> .... in <br />prescription or order of a practlt~oner~wh~ie act g in the <br />course.of his3 professional practice, or except as otherwise <br />auth0rlzed by theDrug Control Act of %he Code of Virginia. <br /> <br /> Upon the prosecution of a person for violation of-this~ <br />section, ownership or occupancy of the premises or vehicle <br />upon or in which a controlled substance or marijuana.was <br />found shall not ~reate a~presumption that such person.either <br />knowingly or intentionally possessed such controlled substance <br />or marijuana. ' <br /> <br /> (b) Any person other than an inmate of a penal <br /> tution as defined in Section 53-19.18 of the Code of Virginia, <br /> 1950, as emended, or in. the custody of.an employee thereof, <br /> who violates this section with respect to a controlled~sub- <br /> stance classified'in Schedule III of the Drug Control's'ACt Of <br /> the Code of Virginia, shall be guilty of a Class 1 misdemeanor. <br /> <br /> (c) ~iolation of this section with respect to a-con- <br /> trolled substance classified in Schedule IV shall be punishable <br /> as a Class 2 misdemeanor. <br /> <br /> (d) Violation of this section with respect to a con- · <br /> trolled substance classified in Schedule V shall be punishable <br /> as a Class 3 misdemeanor. <br /> <br /> (e) Violation of th~s section with respect to a/controlled <br /> substance .classified in Schedule V1 shall be punishable as' <br /> a Class 4 misdemeanor. <br /> <br /> (f) Any person who violates this section with~respect <br />to marijuana shall be guilty-of a misdemeanor and be confined <br />in jail not more than thirty (30) days and a fine of not more <br />than five hundred dollars ($500~00)', eithe~ or both.; any' <br />person, upon a second or subsequent conviction of a violation of <br />this section, shall be guilty of a Class 1 misdemeanor. <br /> <br /> (ig~ The provisions of this section shall not apply.to <br />members of state, federal, county, city or town law enforce- <br />ment agencies when possession of the controlled substance or <br />marijuana is necessary for the performance of their duties~ <br /> <br />3 <br /> <br /> <br />