First Offense Virginia Possession of Marijuana with Intent to Distribute

A Virginia possession of marijuana with intent to distribute charge (Va. Code §18.2-248.1) is a misdemeanor or felony, depending on the amount of marijuana found.  These charges are punished with incarceration and fines.

This is the 1st post in a 3 part series discussing the different Virginia possession of marijuana with intent to distribute charges and penalties.  This post focuses on a first offense possession of marijuana with intent to distribute charge in Virginia.

First Offense Virginia Possession of Marijuana with Intent to Distribute Charges and Penalties

A first offense Virginia possession of marijuana with intent to distribute charge under Va. Code §18.2-248.1 is a misdemeanor or felony, depending on the amount of marijuana the offender possessed.

• First Offense Possession of Less than One Ounce of Marijuana with Intent to Distribute (Va. Code §18.2-248.1(a)(1)): A first offense Virginia possession of marijuana with intent to distribute less than one ounce of marijuana in Virginia is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.
• Fist Offense Possession of One ounce-5 pounds of Marijuana Intent to Distribute (Va. Code §18.2-248.1(a)(2)): Possession with intent to distribute between one ounce and 5 pounds of marijuana in Virginia is a Class 5 felony.  It is punished up to 10 years in prison and a fine up to $2500.
• First Offense Possession of More than Five Pounds of Marijuana with Intent to Distribute (Va. Code §18.2-248.1(a)(3)): Possession with intent to distribute more than 5 pounds of marijuana in Virginia is a felony punished with 5-30 years in prison.

Proof of First Offense Virginia Possession of Marijuana with Intent to Distribute

To convict an offender of a first offense Virginia possession of marijuana with intent to distribute charge under Va. Code §18.2-248.1, the Commonwealth must prove possession, intent, and that the substance in fact was marijuana.

• Possession: The Commonwealth must prove that the offender knowingly and intentionally possessed marijuana.  This means that the offender knew the substance was marijuana, knew where it was located, and asserted dominion and control over the marijuana.  Click here for more information on how the Commonwealth can prove possession of marijuana in Virginia.
• Intent to Distribute: The Commonwealth must also prove the intent of the offender.  This is usually done through circumstantial evidence, such as possessing more marijuana than one would have for personal use, baggies, scales, drug paraphernalia, a pager, a large amount of cash. a lack of evidence that he personally used marijuana, and even prior intent to distribute offense.  The Commonwealth does not need to prove that the distribution was intended to occur in Virginia-only that the offender possessed marijuana and had an intent to distribute somewhere.  For more information on how the Commonwealth can prove Virginia intent to distribute charges, click here.
• Marijuana: In order to be convicted of any marijuana offense, the Commonwealth must prove that the substance was actually marijuana.  Tests conducted in the field upon arrest, as well as more formal tests in labs, are commonly used to confirm that what the officer suspected was marijuana was in fact the illegal substance.

Virginia Possession of Marijuana with Intent to Distribute Statute

§18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.

Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.(a) Any person who violates this section with respect to:(1) Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;(2) More than one ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.If such person proves that he gave, distributed or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor.

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