Narcotic and drug laws can be viewed as two separate sets of laws. The regulatory provisions establish rules and procedures for the control of all legitimate manufacturing, selling or otherwise distributing narcotics and controlled drugs. The criminal sanctions define criminal offenses for violations of the regulatory provisions, establish penalties for such offenses, and provide special provisions for the enforcement and prosecution of such offenses.

Virginia's narcotic and drug laws were substantially amended at the 1970 Session of the General Assembly. Since that time, the Uniform Controlled Substances Act has been drafted by the National Conference of Commissioners on Uniform State Laws, and it appears that there would be a great benefit, from both control and law-enforcement views, if all states were to substantially adopt the regulatory provisions of this law. If so, all states and the federal government would have similar laws and powers in this area.

The need for changes in the criminal sanctions portion of these laws was recognized by studies of the Virginia State Crime Commission in 1970 and that body recommended enactment of House Joint Resolution No. 16 by the 1971 Session, which created this Commission.

Pursuant to this Resolution, the following were appointed to the membership of this Commission: Delegate George E. Allen, Jr., of Richmond, Senator Herbert H. Bateman of Newport News, Mr. R. Michael Berryman of Kenbridge, Dr. Earnest B. Carpenter of Richmond, Dr. George J. Carroll of Suffolk, Delegate J. Samuel Glasscock of Suffolk, Senator William H. Hodges of Chesapeake, Senator J. Harry Michael, Jr., of Charlottesville, Attorney General Andrew P. Miller, Delegate Stanford Parris of Fairfax, Delegate Donald G. Pendleton of Amherst, Delegate A. L. Philpott of Bassett and Mr. Ralph M. Ware, Jr., of Richmond.

Senator Hodges was elected Chairman and Mr. Glasscock, Vice-Chairman.

The Virginia Advisory Legislative Council and the Division of Statutory Research and Drafting made staff and facilities available to carry out this study; they assigned the necessary employees to assist the members and the study group at all times.

During this study, the Commission mailed letters to all Commonwealth attorneys, judges, chiefs of police and sheriffs throughout the Commonwealth to solicit their views on the present narcotics and drug laws of Virginia and needs for changes in such laws. A public hearing was conducted by the Commission in Richmond, which was widely advertised; all members of the public were encouraged to express themselves on the subject. Additionally, the expertise and opinions of the Office of the Attorney General, the State Board of Pharmacy and the Virginia Pharmaceutical Association were requested in several instances. These responses, statements and opinions were all carefully considered by the Commission and were of great benefit.