what kind of charge could i get from talking about drugs on a text message?

It depends what you wrote about drugs in your text message.At the federal level, if your text related to engaging in an illegal felony drug transaction, you could be charged with the crime of using a communication facility in furtherance of a drug offense. The statute, 21 USC 843(b), states that is unlawful for any person “knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission” of acts constituting a felony drug offense.  A “communication facility” includes “ "all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication.” Thus, text messages are included. The maximum penalty is four years in prison, and each text message would be a separate crime. If you were texting someone to obtain drugs for your personal use, you would not be violating this statute. The Supreme Court held in 2009 that using a telephone to make a misdemeanor drug  purchase does not facilitate felony drug distribution. Under federal law, illegal possession of controlled substances for personal use is a misdemeanor. The Court said it was clear that Congress meant to treat purchases of drugs for personal use more leniently than felony distribution, and only intended those who facilitate a felony to be subject to this charge.Virginia, where you are from,  does not have a comparable offense. However, depending on the circumstances, texting someone  about engaging in an illegal drug transaction could be considered aiding and abetting the commission of a drug offense or  attempting or conspiring to commit a drug offense. If you are charged with a crime resulting from your text message, you should consult an experienced criminal defense attorney in your area who can advise you as to a potential challenge to  the validity of the means  by which your message was obtained, and other potential defenses. Jeralyn Merritt, Ask a Lawyer Panelist since 1998