VA HB637

Creates a new offense for possession of "residue" of a controlled substance, defined as a sample too small to be weighed accurately by the Department of Forensic Science, with reduced penalties compared to standard possession charges.

Reduces penalties for residue possession: Schedule I/II substances become Class 1 misdemeanors (down from Class 5 felony for standard possession), Schedule III becomes Class 2 misdemeanor, Schedule IV becomes Class 3 misdemeanor, and Schedule V/VI becomes Class 4 misdemeanor.

Explicitly excludes fentanyl residue from the reduced penalty structure, meaning possession of fentanyl residue remains prosecutable under the standard felony possession statute.

Extends existing legal protections and exemptions to the new residue offense, including Good Samaritan immunity for overdose reporting, medical marijuana exceptions, and exemptions for law enforcement, pharmaceutical processors, and cannabis dispensary employees.

Adds residue possession convictions to the criteria that can disqualify a person from purchasing or transporting a handgun if convicted of two drug misdemeanors within 36 months.