Distributing A Controlled Substance

Va. Code §18.2-248 criminalizes the distribution of a controlled substance in Virginia.  The same statute criminalizes possession with intent to distribute, sell, give or manufacture controlled substances.  For information on possession with intent to distribute a controlled substance in Virginia, click here.

Proof of Distribution of A Controlled Substance in Virginia

distribution of a controlled substance in Virginia To convict an offender of distribution of a controlled substance in Virginia, the Commonwealth must prove both possession and distribution of a controlled substance.

  • Possession:  To prove possession of a controlled substance in Virginia, the Commonwealth must prove that the offender knowingly and intentionally possessed the controlled substance.  This means that he knew that it was an illegal drug, knew where it was, and exercised dominion and control over it.  For more information on possession of a controlled substance in Virginia, click here.
  • Distribution is defined in Va. Code §54.1-3401 as to deliver other than by administration or dispensing.  Distribution of a controlled substance in Virginia is interpreted broadly and covers almost any transfer, sale, or gift involving controlled substances.
  • Controlled Substance: The Commonwealth must also prove that the substance was in fact a controlled substance (or drug) in Schedules I-VI in the Virginia Code.  For more information on the 6 Schedules of controlled substances in Virginia, click here.  For more information on controlled substances in Virginia, click here.

Penalties for Distribution of A Controlled Substance in Virginia

Distribution of a Controlled Substance in Virginia is punished with prison and high fines. Second and third convictions for distribution of a controlled substance in Virginia can increase these penalties.  Additionally, some distribution offenses are punished with mandatory minimum prison sentences which run consecutively with any other prison sentence the offender receives.

The penalty for distribution of a controlled substance in Virginia is based on the category (or Schedule) of the controlled substance that was distributed.

  • Distribution of a Schedule I or II Controlled Substance in Virginia (VA. Code §18.2-248(C)) is punished with 5-40 years in prison and fine up to $500,000 for a first offense.  A second offense is punished with up 5 years to life in prison, and a fine up to $500,000.  A third offense is punished the same way but with a 3 year mandatory minimum consecutive prison sentence.
  • Distribution of a Schedule III Controlled Substance (Va. Code §18.2-248(E)(1)) is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
  • Distribution of a Schedule IV Controlled Substance (Va. Code §18.2-248(E)(2)) is a Class 6 felony, punished with up to 5 years in prison and a fine up to $500,000.
  • Distribution of a Schedule V Controlled Substance (Va. Code §18.2-248(F)) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.
  • Distribution of a Schedule VI Controlled Substance (Va. Code §18.2-248(F)) is punished with up to 12 months in jail and a fine up to $2500.

controlled substance in VirginiaDistribution of Anabolic Steroids is charged under Va. Code §18.2-248.5(A) and is punished with a mandatory, consecutive minimum of 6 months in jail with a maximum of 10 years in prison and a fine up to $20,000.

Distribution of Meth: Distribution of more than 10 grams of Meth or more than 20 grams of a substance containing Meth is punished with a mandatory minimum of 5 years up to life in prison and a fine up to $500,000 under Va. Code §18.2-248(C)(4).   Distribution of more than 100 grams of pure Meth, or more than 200 grams of a mixture containing Meth is punished with a 20 year mandatory minimum up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248 (H).

Distribution of Heroin has increased penalties if the weight exceeded certain amounts provided in the Virginia Code.  Distribution of more than 100 grams of a substance containing Heroin is punished with a mandatory minimum of 5 years in prison up to life and a fine up to $1,000,000 (Va. Code §18.2-248(C)(1)).  Distribution of more than 1 kilogram of a substance containing Heroin is punished with a mandatory minimum of 20 years up to life in prison with a fine up to $1,000,000 (Va. Code §18.2-248(H)(1)).

Distribution of Cocaine: Distribution of more than 500 grams of a mixture or substance containing cocaine or 250 grams or more of a substance containing cocaine base is punished with a mandatory, consecutive minimum of 5 years in prison up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(C)(2).  Distribution of more than 5 kilograms of a substance containing cocaine or more than 2.5 kilograms of a substance containing cocaine base base is punished with a mandatory minimum of 20 years up to life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(H)(2)(b)).

Distribution of Caffeine and Ephedrine Sulfate (Va. Code §18.2-248.5(B)) to a minor without a prescription is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.

Distribution of Flunitrazepam (Va. Code §18.2-251.2) is punished is punished with 5-40 years in prison.  A second offense is punished with 5 years up to life in prison, and a third offense is punished with up to life in prison and a consecutive mandatory minimum prison term of 3 years.   The offender also faces a fine up to $500,000 for any conviction of Va. Code §18.2-251.2.

Distribution of Gamma-Butyrolactone; 1, 4-Butanediol (Va. Code §18.2-251.3) for human consumption is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.

Other Charges Involving Distribution of a Controlled Substance in Virginia

controlled substance in VirginiaDistribution without Prescription (Va. Code §18.2-248(E)): It is a Class 4 misdemeanor if a pharmacist distributes a controlled substance without a prescription but receives the valid prescription within 1 week of filling it.  It is also a Class 4 misdemeanor for a doctor to authorize a pharmacist to distribute a controlled substance without a written prescription if the doctor remits a valid prescription within one week of the the prescription being filled.

Distribution of A Controlled Substance in Virginia To Minors: Distribution of a Schedule I, II, III, or IV controlled substance in Virginia to a minor under Va. Code §18.2-255(A)(i) is punished with 10-50 years in prison, five years of which are a mandatory minimum for a Schedule I or II drug.  There is also a fine up to $100,000.  Causing A Minor to Distribute a Schedule I, II, III or IV controlled substance in Virginia is charged under Va. Code §18.2-255(A)(ii) and will result in 10-50 years in prison, 5 years of which are a mandatory minimum for a Schedule I or II controlled substance.  The offender also faces a fine up to $100,000.

Delivery of a Controlled Substance to a Prisoner (Va. Code §18.2-474.1) is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.  For more information on delivery of a controlled substance to a prisoner in Virginia, click here.

Distribution of a Controlled Substance in Virginia on or Near Certain Property (Va. Code §18.2-255.2) is a separate and additional charge.  Distribution of a controlled substance in Virginia on school property, public property within 1,000 feet of school property, on a school bus, at a school bus stop, at a public rec center or library, at a state facility, or public property open to public use within 1,000 feet of a state facility is charged under Va. Code §18.2-255.2 in ADDITION TO any other drug charge.  The penalty for distribution of a controlled substance in Virginia at or near these properties is 1-5 years in prison and a fine up to $100,000.  A second or subsequent offense involving a Schedule I, II, III controlled substance carries a mandatory minimum, consecutive prison term of one year if the prior conviction was for a Schedule I, II, III controlled substance or more than one-half ounce of marijuana.  For more information on distribution of a controlled substance in Virginia on or near the properties covered by Va. Code §18.2-255.2, click here.

Distribution of a Controlled Substance in Virginia Involving 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 in a 12 month period from the distribution of cocaine, methamphetamine or heroin or if he is engaged in the enterprise to distribute certain amounts of cocaine, cocaine base, meth, or heroin.  An organizer of a continuing criminal enterprise that received more than $250,000 during a 12 month period from the distribution of meth, cocaine or heroin, or if he is engaged in the enterprise to distribute 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)).displaying-a-firearm-in-a-threatening-manner-while-distributing-a-controlled-substance-is-a-class-6-felony

Using Commercial Vehicle to Commit Felony Drug Offense (Va. Code §46.2-341.19): It is a Class 1 misdemeanor to use a commercial vehicle while committing a felony distribution of a controlled substance offense.  The sentence for this crime is in addition to any sentence the offender receives for the underlying drug charge.

Distribution of A Controlled Substance in Virginia in Violation of the Drug Control Act: The Drug Control Act regulates the distribution and dispensing of controlled substances in Virginia.  Distribution in violation of these regulations can be charged as distribution of a controlled substance in Virginia under Va. Code §18.2-248 or another distribution violation.  A violation of the Drug Control Act without a specific penalty provided is a Class 1 misdemeanor under Va. Code §18.2-260.

Possessing or Using Firearm While Distributing Controlled Substance in Virginia

Possessing, using, or attempting to use a pistol shotgun, rifle or other firearm or displaying such weapon in a threatening manner while distributing or attempting to distribute a Schedule I or II controlled substance in Virginia is a separate and distinct felony under Va. Code §18.2-308.4.  It is punished with a mandatory minimum sentence of 5 years in prison and will be served consecutively with any other prison sentence the offender receives for the primary drug offense.