Manufacturing Controlled Substance

manufacturing a controlled substance in VirginiaManufacturing a controlled substance in Virginia is creating a controlled substance from two or more other substances.  Penalties for manufacturing a controlled substance in Virginia depend on the Schedule of the controlled substance, the number of the offender’s prior convictions, whether minors were involved, and whether the manufacture occurred on certain property.  Additionally, there are increased penalties for charges of manufacturing a controlled substance in Virginia involving specified amounts of certain controlled substances.

What is A Controlled Substance in Virginia?

A controlled substance in Virginia is “a drug, substance, or immediate precursor in Schedules I through VI” of the Drug Control Act Va. Code §54.1-3401.  Controlled substances are classified into schedules based on their potential for abuse and accepted medical use.  Controlled substances in Schedules I and II have the highest potential for abuse and charges involving these controlled substances have very harsh penalties.  For more information on the different schedules of controlled substances in Virginia, click here.

What is Manufacturing?

Va. Code §54.1-3401 defines manufacturing as “the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.”  Manufacturing a controlled substance in Virginia is basically applying an extractive or synthetic process (or both) to one or more substances to create a new controlled substance.

Proof of Manufacturing a Controlled Substance in Virginia

To convict an offender of manufacturing a controlled substance in Virginia, the Commonwealth must prove knowing and intentional possession of a controlled substance, that the substance was in fact a controlled substance, and that the offender manufactured the controlled substance-that he applied extraction or a synthetic process to one or more substance to create a new controlled substance. An offender can be convicted of manufacturing a controlled substance in Virginia under Va. Code §18.2-248 even if he did not complete the manufacture of a controlled substance.

Penalties for Manufacturing a Controlled Substance in Virginia

Penalties for manufacturing a controlled substance in Virginia vary depending on the Schedule of the controlled substance manufactured and the number of the offender’s prior convictions:

  • manufacturing-a-controlled-substance-in-virginia-is-punished-with-high-fines-and-prisonManufacture of a Schedule I or II Controlled Substance in Virginia under Va. Code §18.2-248(C)) is punished with 5-40 years in prison and a fine up to $500,000 for a first offense.  A second offense is punished with 5 years to life in prison and a fine up to $500,000.  A third offense is punished with a mandatory minimum of 10 years up to life in prison and a fine up to $500,000.
  • Manufacture of Schedule III Controlled Substance (Va. Code §18.2-248) is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
  • Manufacture of Schedule IV Controlled Substance is a Class 6 felony under Va. Code §18.2-248(E)(2).  It is punished with up to 5 years in prison and fine up to $2500.
  • Manufacture of Schedule V or VI Controlled Substance (Va. Code §18.2-248(F)) are Class 1 misdemeanors, punished with up to 12 months in jail and a fine up to $2500.
Other Charges Related to Manufacturing a Controlled Substance in Virginia

Manufacturing Anabolic Steroids (Va. Code §18.2-248.5(A) is punished with up to 10 years in prison, with a mandatory consecutive 6 month sentence and a fine up to $20,000.

Manufacturing Gamma-butyrolactone or 1, 4-Butanediol when it is intended for human consumption (Va. Code §18.2-251.3) is punished with up to

Manufacturing Flunitrazepam (Va. Code §18.2-251.2) is punished with 5-40 years in prison and a fine up to $500,000.  A second offense is punished with a mandatory minimum of 3 years in prison up to life in prison.  A third or subsequent offense is punished with a mandatory minimum of 10 years in prison up to life in prison and a fine up to $500,000.

Manufacturing Heroin: Manufacturing more than 100 grams of a substance containing a detectable amount of Heroin is punished with a mandatory, consecutive minimum of 5 years in prison up to a life sentence and a fine up to $1,000,000 under Va. Code §18.2-248(C)(1).  Manufacturing more than 1 kilogram of a substance containing Heroin is punished with a mandatory minimum of 20 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(H)(1).

Manufacturing Cocaine:  Manufacturing 500 grams or more of a substance containing cocaine or more than 250 grams of a substance containing cocaine base is punished with a mandatory minimum of 5 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(C)(2)(b).  Manufacturing more than 5 kilograms of a substance containing cocaine or more than 250 kilograms of a mixture containing cocaine base is punished with a 20 year mandatory minimum up to life in prison, with a fine up to $1,000,000 under Va. Code §18.2-248(H)(2)(b).

Manufacturing Meth: Manufacturing Meth or less than 200 grams of a substance containing Meth under Va. Code §18.2-248(C1) is punished with 10-40 years in prison and a fine up to $500,000.  Second and third offenses can be punished with up to life in prison.  Manufacturing 28 grams or more of a mixture containing meth is punished with a 5 to 40 years in prison (with a mandatory minimum of 3 years) and a fine up to $500,000 (Va. Code §18.2-248.03).  Manufacturing 10 grams or more of meth or 20 grams or more of a substance containing meth is punished with 5 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(C)(4).  Manufacturing more than 227 grams of a substance containing meth is punished with a mandatory, consecutive minimum of 5 years up to life in prison and a fine up to $1,000,000 (Va. Code §18.2-248.03(B)).  Manufacturing more than 100 grams of meth, or more than 200 grams of a substance containing meth, is punished with a mandatory minimum of 20 years in prison up to a life sentence, in addition to a $1,000,000 fine under Va. Code §18.2-248(H)(5).

Allowing a Minor or Incapacitated Person to Be Present During Manufacture/Attempted Manufacture of Meth (Va. Code §18.2-248.02) is punished with 10-40 years in prison.  This penalty is in addition to, and will be served consecutively with, any other prison sentence.

Manufacturing A Controlled Substance in Virginia Through A Continuing Criminal Enterprise (Va. Code §18.2-248(H1)): An offender faces 20 years up to life in prison and a fine up to $1,000,000 if he is an organizer of a continuing criminal enterprise that receives between $100,000 and $250,000 from the manufacture of cocaine, methamphetamine or heroin or if he is engaged in the enterprise to manufacture certain amounts of cocaine, cocaine base, meth, or heroin.  An organizer of a continuing criminal enterprise that received more then $250,000 period from the manufacture of meth, cocaine or heroin, or if he is engaged in the enterprise to manufacture certain amounts of cocaine, cocaine base, meth or heroin faces life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(H2)).

controlled substance in VirginiaManufacturing A Controlled Substance in Virginia on or Near School and Public Property is an additional, separate charge under Va. Code §18.2-255.2.  The penalty for manufacturing a controlled substance in Virginia on or near these properties is imprisonment for 1-5 years and a fine up to $100,000.  A second or subsequent charge of manufacturing a controlled substance in Virginia on school or public property involving a Schedule I, II, or III controlled substance or more than one half ounce of marijuana will result in a mandatory minimum, consecutive prison term of one year.  The properties covered by this statute include public or private schools, public property within 1,000 feet of school property, school bus stops, school buses, public rec centers and libraries, state facilities and public property within 1,000 feet of a state facility.  For more information on manufacturing a controlled substance in Virginia on or near these properties, click here.

Possession or Use of Firearm While Manufacturing Controlled Substance in Virginia (Va. Code §18.2-308.4): Possessing, using, or attempting to use a pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while manufacturing or attempting to manufacture a Schedule I or II controlled substance is a Class 6 felony.  This crime is a separate and distinct offense.  There is a mandatory minimum, consecutive prison sentence of 5 years that is addition to any punishment received for the underlying drug crime.

Manufacturing A Controlled Substance in Virginia in Violation of the Drug Control Act: The Drug Control Act regulates distributing, dispensing and manufacturing controlled substances in Virginia.  Manufacturing a controlled substance in Virginia in violation of the authority granted by (and regulations provided in) the Drug Control Act can be charged as manufacturing a controlled substance in Virginia under Va. Code §18.2-248.

Conspiracy to Manufacture a Controlled Substance in Virginia (Va. Code §18.2-256) can be punished the same way as the drug offense that is the object of the conspiracy.

Attempt to Manufacture a Controlled Substance in Virginia (Va. Code §18.2-257) is punished with 1-10 years in prison if the offense is a felony.  Attempting to commit a misdemeanor drug offense is punished with up to 6 months in jail, unless the offense attempted has a lower penalty.   If the penalty for the offense attempted happens to be lower than the punishment for the attempted offense, the offender can be punished according to the lower penalty (Va. Code §18.2-257).