Second Offense Virginia Marijuana Possession with Intent to Distribute

This is the second post in a 3 part series discussing multiple Virginia marijuana possession with intent to distribute charges under Va. Code §18.2-248.1.  This post focuses on the charges and penalties associated with a second offense Virginia marijuana possession with intent to distribute charge.

Proof of Second Offense Virginia Marijuana Possession with Intent to Distribute

The Commonwealth must prove possession, intent to distribute, and that the substance found was marijuana.

• Possession refers to “knowing and intentional” possession of marijuana.  This means that the offender knew the substance was marijuana, knew where it was located, and exerted dominion and control over it.  Click here to learn more about how the Commonwealth can prove possession of marijuana in Virginia.
• Intent to distribute is usually inferred from circumstantial evidence, such the presence of a gun, a large amount of cash, paraphernalia used to prepare drugs for sale, and a large amount of marijuana.  For more information on how the Commonwealth can prove intent to distribute, click here.
• Finally, the Commonwealth needs to prove that the marijuana is in fact marijuana. This is usually done with the results of tests conducted in the field when the suspect was first charged, as well as lab test conducted later.

Penalties for Second Offense Virginia Marijuana Possession with Intent to Distribute

Virginia marijuana possession with intent to distribute charges are punished with jail or prison (depending on the amount of marijuana possessed) and fines.  Additionally, Va. Code §18.2-259.1 requires driver’s license suspension if convicted of Possession of Marijuana with Intent to Distribute.

• Second Offense Virginia Marijuana Possession with Intent to Distribute (Less Than One Ounce) (Va. Code §18.2-248.1(a)(1)): A second offense Possession of Less Than One Ounce of Marijuana with Intent to Distribute is a misdemeanor punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension.
• Second Offense Virginia Marijuana Possession with Intent to Distribute (More than One Ounce but Less than 5 Pounds) (Va. Code §18.2-248.1(a)(2)): A second offense Possession of One Ounce to Five Pounds of Marijuana with Intent to Distribute is a felony, punished with up to 10 years in prison, a fine as high as $2500, and driver’s license suspension.
• A Second Offense Virginia Marijuana Possession with Intent to Distribute (More than 5 Pounds) (Va. Code §18.2-248.1(a)(3)): A second offense Possession of More than 5 Pounds of Marijuana with Intent to Distribute is a felony punished with 5-30 years in prison.

Virginia Marijuana Possession 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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