In Virginia, a class U felony is an unclassified felony. This type of felony charge is reserved for offences that do not cleanly fit into the first six formal felony categories. For crimes such as grand theft, robbery, and rape, a person may be prosecuted with an unclassified felony. Some drug offences may also be considered unclassified. The fines and penalties for felonies of class U vary.
In Virginia, some instances of marijuana possession are deemed unclassified felonies. Under Virginia law, possessing more than five pounds of marijuana constitutes an unclassified felony. Since 2014, marijuana cultivation in Virginia is an unclassified felony. In the event of conviction, offenders may face up to 30 years in jail. In some instances, possession of Schedule I or Schedule II controlled narcotics is also an unclassified felony. For instance, if a person is caught making, distributing, or selling Schedule I or II narcotics, a Class U charge may be imposed.
According to state drug legislation enacted in 2014, individuals charged with a third or subsequent marijuana felony are punished with unclassified felonies. For higher illegal drug quantities, the court also has the option of issuing a Class U felony conviction as a punishment enhancement.