Importation of Schedule I Controlled Substance Charge in Virginia

April 9, 2016 by Jean Humbrecht

importation of Schedule I controlled substance in VirginiaImportation of Schedule I Controlled Substance in Virginia is charged under Va. Code §18.2-248.01. The statute criminalizes the transportation of more than one ounce of a Schedule I controlled substance into Virginia.

Proof of Importation of Schedule I Controlled Substance in Virginia

To convict an offender of an Importation of Schedule I controlled substance in Virginia charge, the Commonwealth must prove that the offender transported a Schedule I controlled substance into Virginia with the intent to sell or distribute.

  • Transportation: The Commonwealth must prove that an offender transported the Schedule I controlled substance into Virginia.  Va. Code §18.2-248.01 states that the transportation can be “by any means,” which could include driving or even mailing.
  • Intent to Distribute: The Commonwealth must prove that the offender intended to sell or distribute the Schedule I controlled substance.  Intent to sell or distribute can be proven with statements or admissions, but is usually proven with circumstantial evidence, such as the presence of a gun, large amount of cash, or drug selling paraphernalia.  Click here for more information on intent to distribute a controlled substance in Virginia.
  • Schedule I Controlled Substance: The Commonwealth must also prove that the substance in question was a Schedule I controlled substance as described in Va. Code §54.1-3446.  For more information on Schedule I Controlled Substances in Virginia, click here.
  • More Than One Ounce:  The Commonwealth must also prove that the offender transported more than one ounce of a Schedule I controlled substance into Virginia.  
Penalty for Importation of Schedule I Controlled Substance in Virginia

A first offense Importation of Schedule I Controlled Substance in Virginia charge is punished with 5-40 years in prison and a fine up to $1,000,000.  A second offense Importation of Schedule I controlled substance in Virginia charge is punished with a mandatory minimum of 10 years in prison and as much as 40 years in prison, in addition to a fine as high as $1,000,000.

Importation of Schedule I Controlled Substance in Virginia Statute

§ 18.2-248.01. Transporting controlled substances into the Commonwealth; penalty.

Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.
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