Delivery of A Controlled Substance to Prisoner in Virginia

March 25, 2016 by Jean Humbrecht

Delivery of a Controlled Substance to Prisoner in VirginiaVa. Code §18.2-474.1 criminalizes delivery of a controlled substance to a prisoner in Virginia.  It also criminalizes the attempted delivery of a controlled substance to a prisoner and punishes it the same way.

Proof of Delivery of a Controlled Substance to Prisoner in Virginia

The Commonwealth must prove willful delivery to convict an offender of Delivery of a Controlled Substance to Prisoner under Va. Code §18.2-474.1.  This means that the offender knew that he was delivering a controlled substance and intended for the prisoner to have the controlled substance.

Additionally, the Commonwealth must prove that what was delivered was a controlled substance.  A controlled substance is defined in Va. Code §54.1-3401 as “a drug, substance, or immediate precursor in Schedules I through VI of this chapter… ” Proof that the drug was a controlled substance is usually introduced through the results of lab tests.  For more information on controlled substances in Virginia, click here.

Penalty for Delivery of a Controlled Substance to Prisoner in Virginia

The charge of Delivery of a Controlled Substance to Prisoner in Virginia under Va. Code §18.2-474.1 is a Class 5 felony. It is punished with up to 10 years in prison and a fine up to $2500.

Delivery of a Controlled Substance to Prisoner in Virginia: The Statute (VA. Code § 18.2-474.1)
Notwithstanding the provisions of § 18.2-474, any person who shall willfully in any manner deliver, attempt to deliver, or conspire with another to deliver to any prisoner confined under authority of the Commonwealth of Virginia, or of any political subdivision thereof, or to any person committed to the Department of Juvenile Justice in any juvenile correctional center, any drug which is a controlled substance regulated by the Drug Control Act in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 or marijuana is guilty of a Class 5 felony. Any person who shall willfully in any manner so deliver or attempt to deliver or conspire to deliver to any such prisoner or confined or committed person, firearms, ammunitions, or explosives of any nature is guilty of a Class 3 felony. 

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