Appeal?

I am surprised that you were eligible for the drug court treatment program, and that your lawyer recommended it to you.  Even though you are not a drug dealer, it is very easy for a person in possession of prescription and other drugs to be charged with distribution.  Generally speaking, those charged with distribution are excluded from the drug court programs as the programs are designed to help users combat their own addiction and substance abuse.  In addition, most drug court programs involve a screening process where the potential participant is evaluated for substance problems and eligibility for the program.  Broadly speaking, schedule III offenses are not punished harshly as 1st offenses, and I note you indicate you might have been eligible for probation with no incarceration on a straight up conviction.  In all likelihood, you cannot appeal your case, but we may be able to modify your sentence by filing a motion with the court.  We would ask that you be removed from the program and sentenced accordingly. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.