Drug Charges

Virginia drug charges include offenses relating to marijuana, controlled substances, imitation controlled substances, and drug paraphernalia. Common Virginia drug charges include possession, possession with intent to distribute, distribution, manufacturing, and importation, among others.

An offender can receive separate charges with mandatory minimum and consecutive sentences for Virginia drug charges occurring on school or public property, drug charges involving minors, being involved in a continuing criminal enterprise distributing or manufacturing specific drugs, using a commercial vehicle while committing a drug felony, or possessing a firearm while committing marijuana or controlled substance offenses.

Virginia drug charges can be misdemeanors or felonies. They are punished with jail and fines. Second, third and subsequent offenses can have increased penalties. Additionally, convictions for Virginia drug charges can affect employment, educational opportunities, security clearances, and could have immigration consequences for anyone who is not a United States citizen.

Marijuana

Virginia drug charges involving marijuana can be punished with jail and fines. Marijuana is defined in Va. Code §18.2-247(D) “any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin.” Virginia drug charges involving marijuana include possession, possession with intent to distribute, distribution, manufacturing, and importation. Second, third and subsequent offense have increased penalties and some have mandatory minimum jail time.

Possession of Marijuana

Va. Code §18.2-250.1 criminalizes the knowing and intentional possession of marijuana in Virginia. Possession can be actual or constructive, and more than one person can be convicted of possessing the same marijuana. The amount of marijuana is irrelevant in a Virginia drug charge involving possession of marijuana. Any marijuana at all, even the smallest amount, is enough to convict an offender of possession of marijuana in Virginia.

Possession of marijuana in Virginia is punished with a civil penalty of a fine up to $25.

For more information on possession of marijuana in Virginia, click here.

Possession of Marijuana with Intent to Distribute/Sell/Manufacture

Possessing marijuana in Virginia with intent to distribute, sell or manufacture (Va. Code §18.2-248.1) is a misdemeanor or felony depending on the amount of marijuana the offender possessed.

Possession of less than one ounce with intent to distribute is a Class 1 misdemeanor (Va. Code §18.2-248.1(a)(1))
Possession of more than one ounce but less than 5 pounds is a Class 5 felony (Va. Code §18.2-248.1(a)(2))
Possession of more than 5 pounds with intent to distribute is punished with 5-30 years in prison. Third and subsequent offenses have increased penalties (Va. Code §18.2-248.1(a)(3))

For information on how the Commonwealth can prove intent to distribute marijuana in Virginia, click here. For more information on possession of marijuana with intent to distribute, sell or manufacture in Virginia, click here.

Distribution of Marijuana

Distribution of less than one ounce of marijuana is a Class 1 misdemeanor (Va. Code §18.2-248.1(a)(1))
Distribution of more than one ounce but less than 5 pounds of marijuana is a Class 5 felony (Va. Code §18.2-248.1(a)(2))
Distributing more than 5 pounds of marijuana in Virginia is punished with 5-30 years in prison (Va. Code §18.2-248.1(a)(3))

A third or subsequent felony involving distribution, manufacture, or possessing with intent to distribute or manufacture is punished with a mandatory minimum, consecutive sentence of 5 years up to life in prison and a fine up to $500,000.

For more information on Virginia drug charges involving distribution of marijuana, click here.

Manufacturing Marijuana

Manufacturing marijuana or possessing marijuana in Virginia with intent to manufacture (not for one’s own use) in Virginia is punished with 5-30 years in prison and a fine up to $10,000 under Va. Code §18.2-248.1(C).

For more information on Virginia drug charges involving manufacturing marijuana, click here.

Importation

Transporting more than 5 pounds of marijuana or into Virginia with the intent to distribute is punished with 5-40 years in prison and a fine up to $1,000,000 (Va. Code §18.2-248.01). The offense is also violated by importing one ounce or more of a Schedule I or Schedule II controlled substance or cocaine. A second or subsequent conviction is punished with a mandatory minimum, consecutive sentence of 10 years in prison. Click here for more information on importation of marijuana in Virginia.

Controlled Substances

Virginia drug charges involving controlled substances include possession, possession with intent to distribute, distribution, manufacturing, and importation. Penalties for Virginia drug charges involving a controlled substance generally depend on the Schedule of the controlled substance, the number of the offender’s prior convictions, whether minors were involved, and whether the prohibited act occurred on school or public property.

A controlled substance is defined in Va. Code §54.1-3401 as “a drug, substance, or immediate precursor in Schedules I through VI” of the Drug Control Act. Controlled substances are classified into schedules based on their potential for abuse and accepted medical use. Penalties for a number of offenses depend on the schedule of the controlled substance. For more information on the schedules of controlled substances in Virginia, click here.

Possession of Controlled Substances

Like marijuana offenses, possession of a controlled substance in Virginia can be actual or constructive, and more than one person can be convicted of possessing the same controlled substance.

Possession of a Schedule I or II controlled substance in Virginia is a Class 5 felony (Va. Code §18.2-250(A)(a))
Possession of a Schedule III drug is a Class 1 misdemeanor (Va. Code §18.2-250(A)(b))
Possession of a Schedule IV controlled substance is a Class 2 misdemeanor (Va. Code §18.2-250(A)(b1))
Possession of a Schedule V controlled substance is a Class 3 misdemeanor (Va. Code §18.2-250(A)(b2))
Possession of a Schedule VI controlled substance is a Class 4 misdemeanor (Va. Code §18.2-250(A)(c))

For more information on possession of a controlled substance in Virginia, click here.

Possession with Intent to Distribute/Sell/Manufacture

Possessing a controlled substance with intent to distribute, sell or manufacture is a misdemeanor or felony depending on the schedule of the drug possessed.

Possession of a Schedule I or II controlled substance with intent to distribute, sell or manufacture is punished with 5-40 years in prison and fine up to $500,000 (Va. Code §18.2-248(C))
Possession of a Schedule III controlled substance with intent to distribute, sell or manufacture is a Class 5 felony (Va. Code §18.2-248(E1))
Possession of a Schedule IV controlled substance with intent to distribute is a Class 6 felony (Va. Code §18.2-248(E)(2))
Possession of a Schedule V or Schedule VI controlled substance with intent to distribute is a Class 1 misdemeanor (Va. Code §18.2-248(F))

For more information on possession of a controlled substance in Virginia with intent to distribute, sell or manufacture, click here.

Distribution

Distribution is defined in Va. Code §54.1-3401 as to deliver other than by administration or dispensing. Distribution of marijuana in Virginia is interpreted broadly and covers almost any transfer, sale, or gift of a controlled substance. Distribution of a controlled substance is also punished based on the Schedule of the controlled substance that was allegedly distributed.

Distribution of a Schedule I or II controlled substance in Virginia is punished with 5-40 years in prison and a fine up to $500,000. Second and third offenses have increased penalties (Va. Code §18.2-248(C))
Distribution of a Schedule III controlled substance in Virginia is a Class 5 felony (Va. Code §18.2-248(E1))
Distribution of a Schedule IV controlled substance in Virginia is a Class 6 felony (Va. Code §18.2-248(E)(2))
Distribution of a Schedule V or VI controlled substance in Virginia is a Class 1 misdemeanor (Va. Code §18.2-248(F))

Click here for more information on distribution of controlled substances in Virginia.

Manufacturing

Manufacturing a controlled substance in Virginia is applying an extractive or synthetic process (or both) to one or more substances to create a new controlled substance. Penalties for manufacturing a controlled substance in Virginia depend on the Schedule of the controlled substance, the number of the offender’s prior convictions, whether minors were involved, and whether the manufacture occurred on certain property. Additionally, there are increased penalties for charges of manufacturing a controlled substance in Virginia involving specified amounts of certain controlled substances.

Manufacturing a Schedule I or II controlled substance is punished with 5-40 years in prison and fine up to $500,000 (Va. Code §18.2-248(C))
Manufacturing a Schedule III controlled substance is a Class 5 felony (Va. Code §18.2-248(E1))
Manufacturing a Schedule IV controlled substance with intent to distribute is a Class 6 felony (Va. Code §18.2-248(E)(2))
Manufacturing a Schedule V or Schedule VI controlled substance with intent to distribute is a Class 1 misdemeanor (Va. Code §18.2-248(F))

For more information on Virginia drug charges involving manufacturing controlled substances, click here.

Importation

Importing into Virginia one ounce or more of a Schedule I or Schedule II controlled substance, cocaine, or more than 5 pounds of marijuana with the intent to sell or distribute is punished with 5-40 years in prison and a fine up to $1,000,000 (Va. Code §18.2-248.01). A second or subsequent offense is punished with a mandatory minimum, consecutive sentence of 10 years in prison. For more information on importation of a Schedule I controlled substance in Virginia, click here. For more information on importation of a Schedule II controlled substance in Virginia, click here. For more information on importation of a controlled substance in Virginia, click here.

Imitation Controlled Substances

An imitation controlled substance in Virginia is a substance that mimics the appearance of a controlled substance. It can be either a counterfeit controlled substance or a pill, capsule, tablet, or substance in any form which is not a controlled substance subject to abuse. There are a number of crimes involving imitation controlled substances in Virginia, including:

Selling, Distributing, Giving or Manufacturing an Imitation Controlled Substance (Va. Code §18.2-248(G))
Possession with Intent to Distribute an Imitation Controlled Substance (Va. Code §18.2-248(G))
Distribution of an Imitation Controlled Substance on School and Public Property (Va. Code §18.2-255.2)
Distribution of an Imitation Controlled Substance in Virginia to a Minor (Va. Code §18.2-255(B)(i))
Causing Minor to Assist in Distribution of Imitation Controlled Substance in Virginia (Va. Code §18.2-255(B)(ii))
Advertising Imitation Controlled Substances (Va. Code §18.2-248.4)

For more information on imitation controlled substances in Virginia, click here.

Paraphernalia

Controlled paraphernalia in Virginia is defined in Va. Code §54.1-3466 as “(i) a hypodermic syringe, needle, or other instrument or implement or combination thereof adapted for the administration of controlled dangerous substances by hypodermic injections under circumstances that reasonably indicate an intention to use such controlled paraphernalia for purposes of illegally administering any controlled drug or (ii) gelatin capsules, glassine envelopes, or any other container suitable for the packaging of individual quantities of controlled drugs in sufficient quantity to and under circumstances that reasonably indicate an intention to use any such item for the illegal manufacture, distribution, or dispensing of any such controlled drug.”

Drug paraphernalia in Virginia is defined in Va. Code §18.2-265.1 as “all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § 18.2-265.3 for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

Virginia drug offenses involving controlled and drug paraphernalia in Virginia include:

Possession or distribution of controlled paraphernalia (Va. Code §54.1-3466)
Selling drug paraphernalia or possessing paraphernalia with the intent to sell (Va. Code §18.2-265.3)
Distributing drug paraphernalia to a minor (Va. Code §18.2-265.3(C))
Selling drug paraphernalia to a minor (Va. Code §18.2-265.3(B)).
Advertising drug paraphernalia in (Va. Code §18.2-265.5)
Obtaining drug paraphernalia by fraud or false statements (§54.1-3470)
Distributing or displaying for sale material advertising the sale of controlled substance paraphernalia (Va. Code §18.2-255.1)

For more information on Virginia paraphernalia charges, click here.

Virginia Drug Charges Involving Prisoners

Possession of marijuana by a prisoner in Virginia (Va. Code §53.1-203.6) is a Class 5 felony, punished with up to 5 years in prison and a fine up to $2500. Delivering 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.

Virginia Drug Charges Involving Minors

A number of Virginia drug charges apply specifically to offenses involving minors. Most of these offenses have mandatory minimums which must be served consecutive to any other penalties for Virginia drug charges.

Distributing a a Schedule I, II, III, or IV controlled substance or marijuana in Virginia to a minor is punished with 10-50 years in prison and a fine up to $100,000 (Va. Code §18.2-255(A)(i))
Causing a minor to distribute a Schedule I, II, III or IV controlled substance or marijuana in Virginia is charged under Va. Code §18.2-255(A)(ii) is punished with 10-50 years in prison and a fine up to $100,000
Distributing a pill containing a combination of caffeine and ephedrine sulfate to a minor without a prescription is a Class 1 misdemeanor (Va. Code §18.2-248.5)
Distributing or displaying for sale to a minor written material advertising the sale of a device for the unlawful ingesting or administering of a controlled substance is a Class 1 misdemeanor (Va. Code §18.2-255.1)
Allowing a minor or incapacitated person to be present during manufacture/attempted manufacture of meth (Va. Code §18.2-248.02) is punished with 10-40 years in prison. This penalty is in addition to, and will be served consecutively with, any other prison sentence

Distributing, Manufacturing or Possessing with Intent to Distribute or Manufacture On Or Near Schools

Distributing, selling, or manufacturing a controlled substance or possessing a controlled substance with intent to distribute, sell or manufacture in Virginia on school and public property is a separate felony under Va. Code §18.2-255.2. The property covered by this statute includes schools, public property within 1,000 feet of school property, a school bus, a school bus stop, public property within 1,000 feet of a school bus stop when it is in use, a public rec center, public library, a state facility, or public property open to public use within 1,000 feet of a state facility.

This charge is in ADDITION TO any other Virginia drug charges and is punished with 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.

Obtaining Controlled Substance by Fraud

Fraudulently obtaining a controlled substance in Virginia is a Class 6 felony under Va. Code §18.2-258.1. The offense can be committed in a number of different ways, including:

Obtaining or attempting to obtain a controlled substance in Virginia by fraud, forgery, alteration of a prescription, concealment of a material fact, or using a false name or address (Va. Code §18.2-258.1(A))
Providing fraudulent information in a prescription or other document (Va. Code §18.2-258.1(B))
Using an invalid license number in manufacturing or distributing a controlled substance (Va. Code §18.2-258.1(C))
Making or uttering a fake prescription or written order (Va. Code §18.2-258.1(E))
Falsely purporting to be an authorized person for the purpose of obtaining a controlled substance (Va. Code §18.2-258.1(D)), or
Putting a fake label to a package containing a controlled substance (Va. Code §18.2-258.1(F))

Prescription Violations

A pharmacist commits a Class 4 misdemeanor by filling a prescription that has not been received in writing before filling the prescription but receives the prescription within one week of filling it (Va. Code §18.2-248(E)). Requesting a pharmacist to fill a prescription that has not been received in writing but is written at the time of the request and delivered to the pharmacist within one week of the request is also a Class 4 misdemeanor (Va. Code §18.2-248(E)). Knowingly assisting a person in unlawfully acquiring prescription drugs from an unlicensed pharmacy or other source for compensation is a Class 1 misdemeanor (Va. Code §18.2-258.2). A second or subsequent offense is a Class 6 felony.

Continuing Criminal Enterprise

An organizer of a continuing criminal enterprise faces felony charges under (Va. Code §18.2-248(H1)) if the continuing criminal enterprise receives over $100,000 in a 12 month period from the manufacture, importation, or distribution of cocaine, meth, heroin, or marijuana or if he is engaged in the enterprise to manufacture, sell, give or distribute or possess with intent to manufacture, sell, give or distribute certain amounts of cocaine, cocaine base, meth, heroin or marijuana. He faces 20 years up to life in prison and a fine up to $1,000,000. He faces a life sentence and a fine up to $1,000,000 if the enterprise received more than $250,000 in gross receipts during a 12 month period from the same acts or if he was engaged in the enterprise to commit Virginia drug offenses involving high quantities of these drugs (Va. Code §18.2-248(H2)).

Using Commercial Vehicle For Virginia Drug Offenses

Using a commercial vehicle while committing a felony involving manufacturing, distributing or dispensing a controlled substance or possessing a controlled substance with intent to manufacture, distribute or dispense is a Class 1 misdemeanor under Va. Code §46.2-341.19. This offense is a separate and distinct offense and the punishment is in addition to any other punishment received for the primary drug felony.

Possession or Use of Firearm

Possessing a firearm while possessing a Schedule I or Schedule II controlled substance is a Class 6 felony under Va. Code §18.2-308.4. It is also a Class 6 felony under Va. Code §18.2-308.4 to knowingly and intentionally possess a firearm on or about the person while possessing a Schedule I or Schedule II controlled substance. This offense is punished with a mandatory minimum, consecutive sentence of 2 years in prison.

Possessing, using, or attempting to use a firearm or displaying a firearm in a threatening manner while committing or attempting to commit the manufacture, sale or distribution of a Schedule I or II controlled substance or more than one pound of marijuana or possessing a Schedule I or II controlled substance or more than one pound of marijuana with intent to distribute, sell or manufacture is a separate and distinct offense under Va. Code §18.2-308.4(C). It is punished with a mandatory minimum, consecutive sentence of 5 years in prison in addition to any other penalty for the primary drug offense.

Common Nuisance

Va. Code §18.2-258 states that a “common nuisance” is an establishment that is:

frequented by people under the influence of illegally obtained substance,
frequented by persons for the purpose of illegally obtaining possession of, manufacturing, or distributing controlled substances, or
used for the illegal possession, manufacture or distribution of controlled substances.

Knowingly operating or owning a common nuisance under Va. Code §18.2-258 is a Class 1 misdemeanor. A second or subsequent offense is a Class 6 felony.

Maintaining Fortified Drug House

Maintaining or operating a fortified drug house is a Class 5 felony in Virginia (Va. Code §18.2-258.02). A fortified drug house is a structure that is substantially altered from its original status by reinforcement to impede or delay entry by law-enforcement, the structure is being used to distribute or manufacture controlled substances, and the structure is the object of a valid search warrant.

Violation of Drug Control Act

The Drug Control Act in Virginia is mainly regulatory (as opposed to criminal) and provides many requirements related to the distribution and dispensing of drugs, such as dispensing, manufacturing, repackaging, prescriptions, handling, disposal, licensing, permits, inspections, and dissemination of information, among others. The Drug Control Act authorizes certain people to distribute or manufacture controlled substances and controlled paraphernalia. Distributing or manufacturing in violation of these provisions can be charged as an illegal distribution or manufacturing offense under Va. Code §18.2-248. A violation of the drug control act is a Class 1 misdemeanor under Va. Code §18.2-260 unless another penalty is provided. Click here for more information on violation of the Drug Control Act in Virginia.

Conspiracy and Attempts

Conspiring to commit a drug offense (Va. Code §18.2-256) is punished with a fine, jail, or both. Punishment for the conspiracy must be punished with a minimum no less than the offense conspired and no higher than the offense conspired.

Attempting to commit a felony drug offense in Virginia is punished with 1-10 years in prison (Va. Code §18.2-257(A). However, if the offender attempted to commit a felony drug offense with a lower penalty than 1-10 years in prison, he may be punished according to the lower penalty. Attempting to commit a misdemeanor drug offense is a Class 2 misdemeanor (Va. Code §18.2-257(B)).

First Offender Program

Va. Code §18.2-251 allows for the dismissal of first offense Virginia drug charges upon successful completion of a diversion program provided for in Va. Code §18.2-251. To be eligible for the program, the accused must not have had any prior drug conviction in any jurisdiction in the United States or previously benefited from this deferred disposition program. The program requires a substance abuse evaluation, drug treatment, random drug and alcohol testing, community service, ASAP classes, payment of fees and costs for the program and testing, and the offender must search for or maintain employment. Upon successful completion of the program, the charge will be dismissed. However, the arrest can never be expunged.

If the offender fails to complete the program, the judge will find him guilty and impose a sentence, and he will never be able to participate in the first offender program again.

Virginia drug charges need to be taken seriously. Depending on the amount and drug in question, the charge could be a misdemeanor or a felony. Misdemeanor drug charges are punishable by up to one year in jail, a fine of up to $2500, or both. Felony drug charges can be punished by up to life in prison. Most Virginia drug charges will result in a period of driver’s license suspension if convicted.

Additionally, any drug charges could impact immigration status.

Possession

Possession of marijuana or a controlled substance means the offender knowingly and intentionally possessing marijuana or a controlled substance. Knowing and intentional possession means that the offender knew the illegal nature of the substance, knew where it was located, and exercised dominion and control over it.

Possession can be actual or constructive. Constructive possession means the accused did not physically posses the marijuana but it was found near him and other circumstances create proof that he was in fact the possessor. For more information on the difference between active and constructive possession of marijuana, click here. It is also possible for more than one person to be convicted for possession of the same marijuana in Virginia. This is called joint possession. They also must prove that the substance found was in fact marijuana.

Possession requires proof that the offender knew what the substance was, knew where it was located, and exercised dominion and control over it. The Commonwealth must also prove that the substance possessed was in fact marijuana. Click here for more information on proof of possession of marijuana in Virginia.

Distribution

Distribution means to deliver other than by administering or dispensing a controlled substance. To convict an offender of a distribution crime, the Commonwealth must prove that the offender possessed the substance and distributed. The Commonwealth must prove both that the offender knowingly and intentionally possessed the marijuana and that he distributed it.

Va. Code §54.1-3401 defines sale to include “barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee.”

Possession with intent to distribute

The Commonwealth must prove both that the offender possessed marijuana and simultaneously had an intent to sell, give or distribute the marijuana. Finally, the Commonwealth must prove that the offender had an intent to sell, give, or distribute at the time he possessed the marijuana.

Manufacture

Manufacturing is defined in Va. Code §54.1-3401 as “the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.”

Importation

Mailing a controlled substance into the Commonwealth is sufficient for importation. A recipient of such a controlled substance being imported or mailed into the Commonwealth is a principle in the second degree. The Commonwealth must prove that the substance is at least one ounce and contains cocaine.

Marijuana Charges in Virginia

Crimes involving marijuana in Virginia are very common. Marijuana offenses in Virginia include marijuana possession, possession with intent to distribute/manufacture/sell/give, distribution, manufacturing, and importation.

Possession of Marijuana

Possession of marijuana in Virginia (Va. Code §18.2-250.1) is a misdemeanor. The Commonwealth must prove that the offender knowingly and intentionally possessed marijuana. A first offense is punished with up to 30 days in jail and/or a fine up to $500. A second offense is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500. Possession of Marijuana by Prisoner (Va. Code §53.1-203.6) in Virginia is a Class 5 felony under §53.1-203.6. It is punished with up to 5 years in prison and a fine up to $2500. For more information on penalties for first offense marijuana possession charges in Virginia, click here. For more information on the penalties for second offense marijuana possession charges in Virginia, click here.

An offender can be convicted of marijuana possession in Virginia for possessing even the smallest amount. Possession of less than one-half ounce is considered simple possession and an amount for the person’s own personal use. Possessing more than one-half ounce of marijuana can be charged as possession with intent to distribute.

For more information on possession of marijuana charges in Virginia, click here.

Possession with Intent to Distribute Marijuana

Possession of marijuana in Virginia with intent to sell, give or distribute (Va. Code §18.2-248.1) is a misdemeanor or a felony depending on the amount of marijuana the offender possessed. Possession of less than one ounce of marijuana with intent to distribute, sell or give is a Class 1 misdemeanor (Va. Code §18.2-248.1(a)(1)) punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for 6 months. Possession of more than one ounce up to 5 pounds of marijuana with intent to distribute, sell or give (Va. Code §18.2-248.1(a)(2)) is a Class 5 felony punished with up to 10 years in prison, a fine up to $2500, and driver’s license suspension. Possession of more than 5 pounds of marijuana in Virginia with an intent to sell, distribute or give is punished with 5-30 years in prison (Va. Code §18.2-248.1(a)(3)). A third or subsequent conviction for a felony possession of marijuana in Virginia with intent to distribute, sell or give is punished with 5 years up to life in prison and a fine as high as $500,000. The sentence must e served consecutively to any other prison sentence.

Click here for more information on possession of marijuana with intent to distribute.

Possession of Marijuana with Intent to Manufacture

Possession of marijuana with intent to manufacture (Va. Code §18.2-248.1(c) is punished with 5-30 years in prison and a fine up to $10,000. A third or subsequent offense is punished with a mandatory minimum consecutive sentence of 5 years up to life in prison. For more information on possession of marijuana with intent to manufacture charges, click here.

Distribution and Sale of Marijuana

Distribution of less than one ounce of marijuana is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for 6 months. Distribution of more than one ounce but less than 5 pounds of marijuana is a Class 5 felony. It is punished with up to 10 years in prison, a fine up to $2500, and driver’s license suspension. Distribution of more than 5 pounds of marijuana is punished with 5-30 years in prison.

For more information on marijuana distribution charges in Virginia, click here.

Other Marijuana Distribution Offenses

Distribution or Manufacturing Marijuana on or Near Certain Property: Distributing, selling, or manufacturing marijuana on or near certain property criminalized under Va. Code §18.2-255.2. The statute applies to schools and school grounds, public property or property open to public use within 1000 feet of schools or school grounds, school buses, school bus stops and surrounding property when children are being picked up or dropped off, public rec centers, public libraries, state facilities or public property within 1000 feet of a state facility. Distributing marijuana at these locations is a separate and distinct felony from any other offense. It is punished with 1-5 years in prison and a fine up to $100,000. A second or subsequent violation of this statute involving distribution of more than one half ounce of marijuana or distribution of a Schedule I, II, or III controlled substance is punished with a mandatory minimum consecutive prison sentence of one year.

Distribution to Minor: Knowingly and intentionally distributing marijuana to a minor is a crime under Va. Code §18.2-255(A)(i). If the offender is over 18 and the minor is at least 3 years younger, the offender is guilty of this offense. This offense is punished with 10-50 years in prison and a fine up to $100,000. Distribution of less than one ounce of marijuana will result in a mandatory minimum sentence of 2 years, Distribution one ounce or more of marijuana results in a mandatory minimum of 5 years in prison.

Causing Minor to Assist in Marijuana Distribution: Va. Code §18.2-255(A)(ii) prohibits causing a minor to assist in distributing marijuana. The offense is punished with 10-50 years in prison and a fine up to $100,000. Causing a minor to distribute less than one ounce of marijuana will result in a mandatory minimum prison sentence of 2 years. Causing a minor to distribute one ounce or more of marijuana will result in a mandatory minimum of 5 years in prison.

Distribution of Marijuana to Prisoner: Distribution of marijuana to a prisoner (Va. Code §18.2-474.1) is a Class 5 felony, punished with up to 10 years n in prison. Click here for more information on charges of distribution of marijuana to a prisoner in Virginia.

For more information on marijuana distribution charges in Virginia, click here.

Manufacture of Marijuana

Importation of Marijuana

Importing more than 5 pounds of marijuana into Virginia with an intent to distribute (Va. Code §18.2-248.01) is punished with a mandatory minimum of 3 years in prison up to 40 years in prison and a fine up to $1,000,000. Second and subsequent offense carry a mandatory minimum, consecutive sentence of 10 years in prison.

For more information on importation of marijuana charges in Virginia, click here.

Controlled Substances in Virginia

“Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI of the drug control act.

Virginia controlled substance charges include possession, possession with intent to distribute, distribution, manufacturing, and transportation. Penalties or charges involving a controlled substance in Virginia generally depend on the Schedule of the controlled substance, the number of the offender’s prior convictions, whether minors were involved, and whether the prohibited act occurred on certain property. Additionally, there are increased penalties for offenses involving specified amounts of certain controlled substances.

What Is A Controlled Substance in Virginia?

A controlled substance in Virginia is defined in Va. Code §54.1-3401 as “a drug, substance, or immediate precursor in Schedules I through VI” of the Drug Control Act. Controlled substances are classified into schedules based on their potential for abuse and accepted medical use. Penalties for a number of offenses vary based on the schedule of the controlled substance. Drugs in Schedules I and II have the highest potential for abuse and therefore a number of charges involving these controlled substances in Virginia have the harshest penalties.

Schedules of Controlled Substances in Virginia

Schedule I controlled substances have a high potential for abuse and have no accepted medical use. Schedule II controlled substances have a high potential for abuse which may lead to severe psychic or physical dependence, but have some accepted medical use. Schedule III controlled substances have a lower potential for abuse than Schedule I and II controlled substances, and the abuse may lead to moderate to low physical dependence or high psychological dependence. Schedule IV controlled substances in Virginia have a low potential for abuse which may lead to limited physical or psychological dependence and have accepted medical use. Schedule V controlled substances in Virginia have a low potential for abuse which may lead to limited physical or psychological dependence lower than those in Schedule IV and have accepted medical use. Schedule VI controlled substances have the lowest potential for abuse and include a number of other substances that are not specifically included in the other Schedules.

For more information on the 6 Schedules of controlled substances in Virginia, click here.

Possession of A Controlled Substance in Virginia

Possession of a controlled substance in Virginia is criminalized under Va. Code §18.2-250. To convict an offender of possession of a controlled substance in Virginia, the Commonwealth must prove that the offender knowingly and intentionally possessed a controlled substance. The Commonwealth must also prove that the substance in question was in fact a controlled substance according to the Drug Control Act.

Possession of a controlled substance in Virginia is punished based on the Schedule of the controlled substance:

Possession of a Schedule I or Schedule II controlled substance in Virginia is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500 (Va. Code §18.2-250(A)).
Possession of a Schedule III controlled substance in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500 (Va. Code §18.2-250(A)).
Possession of a Schedule IV controlled substance in Virginia is a Class 2 misdemeanor, punished with up to 6 months in jail and a fine up to $2500 (Va. Code §18.2-250(A)).
Possession of a Schedule V controlled substance in Virginia is a Class 3 misdemeanor, punished with a fine up to $500 (Va. Code §18.2-250(A)).
Possession of a Schedule VI controlled substance in Virginia is a Class 4 misdemeanor, punished with a fine up to $250 (Va. Code §18.2-250(A)).

For more information on possession of a controlled substance in Virginia, click here.

Possession of A Controlled Substance in Virginia with Intent to Distribute/Sell/Manufacture

Possession of a controlled substance in Virginia with intent to distribute or manufacture is criminalized under Va. Code §18.2-248. To convict an offender of possession of a controlled substance in Virginia with intent to distribute, sell or manufacture, the Commonwealth must prove:

possession
intent to distribute, sell, give or manufacture, and
the substance was in fact a controlled substance.

Possession means knowing and intentional possession. Intent to distribute is commonly proven through circumstantial evidence, usually the quantity of the controlled substance and the way in which it was packaged. For more information on how the Commonwealth can prove intent to distribute, click here.

Possession of a Schedule I or II controlled substance with intent to distribute, sell, manufacture or give is punished with 5-40 years in prison and a fine up to $500,000 (Va. Code §18.2-248(C)). A second offense is punished with 5 years up to life in prison with a 3 year mandatory, consecutive minimum and a fine up to $500,000 (Va. Code §18.2-248(C)). A third offense is punished with a mandatory minimum consecutive sentence of 10 years up to life in prison and a fine as high as $500,000 (Va. Code §18.2-248(C)).
Possession of a Schedule III controlled substance (other than an anabolic steroid) with intent to distribute, sell, manufacture or give is a Class 5 felony. This offense is punished with up to 10 years in prison and a fine up to $2500 (Va. Code §18.2-248(E)(1)).
Possession of a Schedule IV controlled substance with intent to distribute is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500 (Va. Code §18.2-248(E)(2)).
Possession of a Schedule V or Schedule VI controlled substance in Virginia with intent to distribute is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2500 (Va. Code §18.2-248(F)).

For more information on the charge of possession of a controlled substance in Virginia intent to distribute, click here.

Distributing and Manufacturing A Controlled Substance in Virginia

Distribution of a controlled substance in Virginia means “to deliver other than by administering or dispensing a controlled substance” (Va. Code §54.1-3401). Sale of a controlled substance in Virginia is defined as including “barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee” (Va. Code §54.1-3401). Give is included within the definition of sale for purposes of controlled substance offenses in Virginia. Manufacturing a controlled substance in Virginia is defined in Va. Code §54.1-3401 as “the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.”

The penalties for distributing or manufacturing a controlled substance in Virginia depend on the schedule of the controlled substance and the number of the offender’s prior convictions.

Distributing, Selling, Giving or Manufacturing a Schedule I or II Controlled Substance in Virginia (Va. Code §18.2-248(C)) is punished with 5-40 years in prison and a fine as high as $500,000. A second conviction is punished with 5 years to life in prison (with a mandatory minimum of 3 years) and a fine up to $500,000 (Va. Code §18.2-248(C)). A third conviction is punished with a mandatory minimum, consecutive sentence of 10 years up to life in prison and a fine up to $500,000 (Va. Code §18.2-248(C)).
Distributing, Selling, Giving or Manufacturing a a Schedule III controlled substance in Virginia is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500 (Va. Code §18.2-248(E)(1)).
Distributing, Selling, Giving or Manufacturing a a Schedule IV controlled substance in Virginia is A Cla ss 6 felony, punished with up to 5 years in prison and a fine up to $2500 (Va. Code §18.2-248(E)(2)).
Distributing, Selling, Giving or Manufacturing a a Schedule V or Schedule VI controlled substance in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2500 (Va. Code §18.2-248(F)).

For more information on distributing a controlled substance in Virginia, click here.

For more information on manufacturing a controlled substance in Virginia, click here.

Importation of Controlled Substance in Virginia

Transporting one ounce or more of a Schedule I or II controlled substance into Virginia with the intent to sell or distribute is punished with 5-40 years in prison with a 3 year mandatory, consecutive minimum and a fine up to $1,000,000 (Va. Code §18.2-248.01). A second or subsequent conviction is punished with a mandatory minimum, consecutive sentence of ten years. For more information on charges of importing a controlled substance in Virginia, click here. Click here for more information on importing a Schedule I controlled substance in Virginia. Click here for more information on importing a Schedule II controlled substance in Virginia.

Controlled Substance Charges in Virginia Involving Minors

Distribution of a Schedule I, Schedule II, III or IV drug to a minor or causing a minor to distribute a Schedule I, II, III or IV controlled substance in Virginia is punished with 10-50 years in prison and a fine up to $100,000 under Va. Code §18.2-255. There is a mandatory minimum sentence of 5 years if the drug was a Schedule I or II controlled substance. Distributing a pill containing any combination of caffeine and ephedrine sulfate to a minor without a prescription is a Class 1 misdemeanor under Va. Code §18.2-248.5 Distributing or displaying for sale to a minor any written written material advertising the sale of a device for the unlawful ingesting or administering of a controlled substance is a Class 1 misdemeanor under Va. Code §18.2-255.1.

For more information on controlled substance distribution charges involving minors, click here.

Controlled Substance Offenses Occurring on Or Near School and Public Property

Manufacturing, distributing, or possessing a controlled substance on school or public property with intent to distribute is a distinct and separate felony under Va. Code §18.2-255.2. The penalty for this charge is in addition to, and can be served consecutive with, any other drug charge. The property covered by this statute includes schools, public property within 1,000 feet of a school, a school bus, a school bus stop, public property within 1,000 feet of a school bus stop when in use, a public rec center, community center, public library, state facility, or public property within 1,000 feet of a state facility.

Distributing, manufacturing, or possessing a controlled substance on the above mentioned property with an intent to distribute is punished with 1-5 years in prison and a fine up to $100,000 under Va. Code §18.2-255.2. A second or subsequent conviction involving a Schedule I, II. or III controlled substance is punished with a mandatory minimum, consecutive term of 1 year in prison.

Specific Controlled Substance Charges in Virginia

Gamma-butyrolactone and 1,4-butanediol

Va. Code §18.2-251.3 makes it a Class 3 felony to knowingly manufacture, distribute, or possess with intent to distribute gamma-butyrolactone. It is also a Class 3 felony to manufacture, distribute, or possess with intent to distribute 1,4 butanediol when it is intended for human consumption.

Flunitrazepam

Va. Code §18.2-251.2 states that manufacturing, distributing or possessing with intent to distribute is punished with 5-40 years in prison and a fine up to $500,000 A second offense is punished with 5 years up to life in prison (with a mandatory, consecutive minimum of 3 years in prison) and a fine up to $500,000. A third or subsequent offense is punished with a mandatory minimum, consecutive sentence of 10 years up to life in prison and a fine up to $500,000.

Stimulants and Steroids

Manufacturing or distributing an anabolic steroid or possessing an anabolic steroid with intent to manufacture or distribute is punished with 1-10 years in prison or up to 12 months in jail and/or a fine up to $20,000 under Va. Code §18.2-248.5. There is a mandatory minimum, consecutive sentence of 6 months. Knowingly selling or distributing a pill, capsule or tablet containing any combination of caffeine and ephedrine sulfate to a minor without a prescription is a Class 1 misdemeanor.

Cocaine Charges

Although Cocaine is a Schedule II controlled substance in Virginia, a number of statutes in the Virginia code provide for increased penalties for offenses involving penalties for large amounts of Cocaine or Cocaine base.

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

Importation of one ounce or more of cocaine into Virginia with the intent to distribute is punished with 5-40 years in prison and a fine up to $1,000,000 under Va. Code §18.2-248.01. A second or subsequent conviction is punished with a mandatory minimum of 10 years in prison. For more information on importation of cocaine in Virginia, click here.

For more information on cocaine charges in Virginia, click here.

Meth Charges

Methamphetamine is also a Schedule II controlled substance in Virginia but, like Cocaine, there are increased penalties for a number of offenses involving Meth.

Manufacturing meth or manufacturing less than 200 grams of a mixture or substance containing methamphetamine is punished with 10-40 years in prison and a fine up to $500,000 under Va. Code §18.2-248(C1). Second and subsequent convictions can be punished with up to life in prison.
Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell give or distribute 28 grams or more of a mixture containing meth is punished with 5-40 years in prison and a fine up to $500,000 under Va. Code §18.2-248.03. 3 years are a mandatory minimum, consecutive sentence.
Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell give or distribute more than 227 grams of a substance containing meth is punished with a mandatory, consecutive minimum of 5 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248.03(B).
Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell give or distribute 10 grams or more of meth or 20 grams or more of a substance containing meth is punished with 5 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(C)(4).
Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell give or distribute more than 100 grams of meth or 200 grams or more of a mixture or substance containing meth is punished with a mandatory minimum, consecutive sentence of 20 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(H)(5).

Other Meth charges in Virginia include allowing a minor or incapacitated person to be present in a building during the manufacture or attempted manufacture of Meth (Va. Code §18.2-248.02) and possessing 2 or more different substances with the intent to manufacture Meth (Va. Code §18.2-248(J)).

Heroin Charges

Heroin is a Schedule I controlled substance in Virginia and therefore is the most addictive and most dangerous. Offenses involving heroin have harsher penalties than other Schedule I controlled substance penalties. Distributing, manufacturing or possessing with intent to distribute or manufacture 100 grams or more of heroin or a mixture containing heroin is punished with a mandatory minimum, consecutive sentence of five years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(C)(1). Distributing, manufacturing or possessing with intent to distribute 1 kilogram or more of heroin or a mixture containing heroin is punished with a mandatory minimum if 20 years up to life in prison and a fine up to $1,000,000 Va. Code §18.2-248(H)(1).

For more information on heroin charges in Virginia, click here.

Continuing Criminal Enterprise Involving Cocaine, Meth or Heroin

Va. Code §18.2-248(H1) states that 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 gross receipts during a 12 month period from the manufacture, importation or distribution of cocaine, methamphetamine or heroin. He can also be convicted under this statute if he is engaged in the enterprise to manufacture, distribute, or possess with intent to manufacture or distribute certain amounts of cocaine, cocaine base, meth, or heroin during a 12 month period.

An organizer of a continuing criminal enterprise that received more then $250,000 in gross receipts during a 12 month period from the manufacture, importation or distribution of meth, cocaine or heroin faces life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(H2)). He also faces life in prison if he is engaged in the enterprise to manufacture, distribute, or possess with intent to manufacture or distribute certain amounts of cocaine, cocaine base, meth or heroin during a 12 month period (Va. Code §18.2-248(H2)).

Controlled Substance Paraphernalia Charges

Controlled paraphernalia in Virginia are tools used for hypodermic injections or containers used for packaging small doses of controlled substances. Drug paraphernalia is defined in Va. Code §18.2-265.1 as “all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § 18.2-265.3 for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

Offenses involving controlled paraphernalia and drug paraphernalia in Virginia include:

Possession or distribution of controlled paraphernalia (Va. Code §54.1-3466)
Selling drug paraphernalia or possessing paraphernalia with the intent to sell (Va. Code §18.2-265.3)
Distributing drug paraphernalia to a minor (Va. Code §18.2-265.3(C)).
Selling drug paraphernalia to a minor (Va. Code §18.2-265.3(B)).
Advertising drug paraphernalia in (Va. Code §18.2-265.5)
Obtaining drug paraphernalia by fraud or false statements (§54.1-3470)
Distributing or displaying for sale material advertising the sale of controlled substance paraphernalia (Va. Code §18.2-255.1)

For more information on paraphernalia charges in Virginia, click here.

Controlled Substance Charges Related to Prescriptions

Requesting a pharmacist to fill a prescription that has not been received in writing but is written at the time of the request and delivered to the pharmacist within one week of the request is also a Class 4 misdemeanor under Va. Code §18.2-248(E).

Knowingly assisting another person in unlawfully acquiring prescription drugs from an unlicensed pharmacy or other source for compensation is a Class 1 misdemeanor under Va. Code §18.2-258.2. A second or subsequent offense is a Class 6 felony, punished with up to 5 years in prison.

Obtaining Controlled Substance by Fraud

Va. Code §18.2-258.1 prohibits a number of acts involving using fraud to obtain a controlled substance in Virginia. The offenses are all Class 6 felonies and include:

Obtaining or attempting to obtain a controlled substance in Virginia by:
- fraud, deceit, misrepresentation, embezzlement, or subterfuge
- forgery or alteration of a prescription or a written order,
- concealment of a material fact, or
- using a false name or giving a false address
furnishing false or fraudulent information in, omitting information from, or willfully make a false statement in a prescription, order, report or other document
using a fake, revoked, suspended, license number or another persons’s license number in the course of the manufacture or distribution of a controlled substance in Virginia
representing oneself to be or falsely assuming the title of a manufacturer, wholesaler, pharmacist, physician, dentist vet or other authorized person for the purpose of obtaining a controlled substance in Virginia
making or uttering a false or forged prescription or false or forged written order, and
affixing a false or forged label to a package or receptacle containing any controlled substance.

Delivery of a Controlled Substance to a Prisoner

Delivering, attempting to deliver, or conspiring to deliver a controlled substance to a prisoner in Virginia under 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.

Common Nuisance

It is against the law to knowingly operate or own a common nuisance under Va. Code §18.2-258. An establishment is a “common nuisance” if it is frequented by people under the influence of illegally obtained substances, if it is frequented by persons for the purpose of illegally obtaining possession of, manufacturing, or distributing controlled substances, or if it is used for the illegal possession, manufacture or distribution of controlled substances. Knowingly allowing an establishment to operate as a common nuisance is a Class 1 misdemeanor. A second or subsequent offense is a Class 6 felony.

Maintaining Drug House

Maintaining or operating a fortified drug house is a Class 5 felony in Virginia under Va. Code §18.2-258.01. A fortified drug house is a structure or building that is substantially altered from its original status by reinforcement with the intent to impede or delay entry by law-enforcement, the structure is being used to manufacture or distribute controlled substances, and the structure is the object of a search warrant.

Conspiracy and Attempts

Va. Code §18.2-256 states that any person who conspires to commit any drug offense will be punished with either a fine, jail or both. The minimum punishment for the conspiracy cannot be lower than the minimum punishment for the offense conspired, and the maximum punishment for the conspiracy cannot exceed the maximum punishment for the offense conspired.

Attempting to commit a felony drug offense is punished with 1-10 years in prison under Va. Code §18.2-257(A). However, if the offender attempted to commit a felony drug offense with a lower penalty than 1-10 years, he may be punished according to the lower penalty. Attempting to commit a misdemeanor drug offense is a Class 2 misdemeanor unless the penalty for the completed offense is lower than the penalty for the Class 2 misdemeanor. In that case, the offender can be punished with the lesser penalty (Va. Code §18.2-257(B)).

First Offender Program

Virginia allows for the dismissal of a first time drug charge upon successful completion of a diversion program provided for in Va. Code §18.2-251. The program requires community service, drug and alcohol screening, driver’s license suspension, ASAP classes, payment of fees and costs for the program and testing, and the offender must either search for or maintain employment. Upon successful completion of the program, the charge will be dismissed. However, the arrest can never be expunged. If he offender fails to complete the program, not only will he or she be convicted of the drug offense, but he or she will be barred from entering the program again. For more information on the first offender program in Virginia, click here.

Possession of a Controlled Substance in Virginia

Virginia Code § 18.2-250 makes it unlawful to possess any controlled substance in Virginia without a valid prescription. Virginia drug charges are classified by the “schedule” under which the drug is criminalized. There are six schedule of drugs in Virginia. For more information on possession of controlled substance charges in Virginia, click here.

Possession of Schedule I or Schedule II drug is a class 5 felony. Possession of a Schedule III controlled substance is a class 1 misdemeanor. If the accused is a prisoner, the offense becomes a Class 6 Felony. Possession of a Schedule IV controlled substance is a class 2 misdemeanor. Possession of a Schedule V controlled substance is a class 3 misdeme anor. Possession of a Schedule VI controlled substance is a class 4 misdemeanor.

For more information on possession of controlled substance charges in Virginia, click here.

Possession of a Controlled Substance in Virginia (Va. Code §18.2-250) can be charged as a misdemeanor or a felony. Someone can be convicted of possession of a controlled substance in Virginia if he knowingly and intentionally possessed a controlled substance without a valid prescription. Possession of marijuana is criminalized separately under §18.2-250.1. For more information on possession of marijuana charges in Virginia, click here.

To convict an offender of a charge of possession of a controlled substance in Virginia under Va. Code §18.2-250, the Commonwealth must prove both possession and that the alleged drug was a controlled substance.

The Commonwealth must prove that the offender both knowingly and intention
ally possessed the controlled substance to convict him of a charge of possession of a controlled substance in Virginia.

To prove knowledge, the Commonwealth must prove that the defendant knew the substance was illegal and where it was located
To prove intentional possession, the Commonwealth must prove that the defendant “asserted dominion and control” over the substance

Va. Code §18.2-250 specifically states that ownership of the property or car where a controlled substance may have been found does not create a presumption that the owner knowingly and intentionally possessed the controlled substance. The Commonwealth must prove that the offender knew what the substance was, knew where it was located, and exercised dominion and control over it.

There are two types of possession in Virginia: actual possession and constructive possession. Actual possession means the controlled substance was found on the offender’s person or in his hands. Constructive possession means that the controlled substance was found in close proximity to the offender. Proximity by itself is not enough for a conviction unless the Commonwealth can prove that the offender knew what and where the substance was and exercised dominion and control over it. This can be proven with circumstantial evidence or by the offender’s statements to the police.

It is possible for more than one person to be convicted of possessing the same drug at the same time. If the Commonwealth can prove that two (or more) people knowingly and intentionally possessed the controlled substance, all of them can be convicted of possession of a controlled substance in Virginia. This is called joint possession.

Va. Code §54.1-3401 defines “controlled substance” as: “a drug, substance, or immediate precursor in Schedules I through VI of this
chapter.”

The Commonwealth must prove the illegal nature of the substance-that it was a controlled substance according to the drug schedules listed in Va. Code §54.1-3446 (Schedule I), Va. Code §54.1-3448 (Schedule II), Va. Code §54.1-3450 (Schedule III), Va. Code §54.1-3452 (Schedule IV), Va. Code §54.1-3454 (Schedule V), and Va. Code §54.1-3455 (Schedule VI). This is usually done with results from laboratory tests conducted after the offender was arrested. For more information on the schedules of controlled substances in Virginia, click here. For more information on controlled substances in Virginia, click here.

An offender can be convicted of possession of a controlled substance in Virginia for possessing any amount of a controlled substance illegally, even the smallest amount. Any controlled substance possessed illegally, if proven, is enough for a conviction.

Possession of a Controlled Substance in Virginia (Va. Code §18.2-250) is punished with jail, fines, and driver’s license suspension. The classification (or schedule) of the drug found determines whether it is a felony or misdemeanor and the associated penalties.

Possession of a Schedule I controlled substance is a Class 5 felony. It is punished with up to 10 years in prison, a fine up to $2500, and driver’s license suspension.
Possession of a Schedule II controlled substance is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2500, and driver’s license suspension.
Possession of a Schedule III controlled substance is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension.
- Possession of a Schedule III controlled substance by a prisoner (Va. Code §53.1-203(6)) is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
Possession of a Schedule IV controlled substance is a Class 2 misdemeanor. It is punished with up to 6 months in jail, a fine up to $1000, and driver’s license suspension.
Possession of a Schedule V controlled substance is a Class 3 misdemeanor. It is punished with a fine up to $500 and driver’s license suspension.
Possession of a Schedule VI controlled substance is a Class 4 misdemeanor. It is punished with a fine up to $250 and driver’s license suspension.

Possession with Intent to Distribute Controlled Substances

Possession with Intent to Distribute, Sell, Give on Certain Property: Possession of a controlled substance (other than illegal stimulants or anabolic steroids) with intent to distribute, sell or give on or near certain property is criminalized under Va. Code §18.2-255.2. The statute applies to schools and school grounds, public property or property open to public use within 1000 feet of schools or school grounds, school buses, school bus stops and surrounding property when children are being picked up or dropped off, public rec centers, public libraries, state facilities or public property within 1000 feet of a state facility. Distributing a controlled substance at these locations is a separate and distinct felony from any other offense. It is punished with 1-5 years in prison and a fine up to $100,000. A second or subsequent violation of this statute involving distribution of more than one half ounce of marijuana or distribution of a Schedule I, II, or III controlled substance is punished with a mandatory minimum consecutive prison sentence of one year.

For more information on possession of controlled substances with intent to distribute, click here.

Va Code §18.2-248 criminalizes the possession with intent to distribute a controlled substance in Virginia. The same statute also criminalizes many other acts involving controlled substances, including distribution, manufacturing, and other possession with intent to distribute a controlled substance crimes.

Proof of Possession with Intent to Distribute a Controlled Substance in Virginia (Va. Code §18.2-248)

To convict an offender of possession with intent to distribute a controlled substance in Virginia under §18.2-248, the Commonwealth must prove possession, that the alleged drug was a controlled substance, and intent to distribute.

Possession

The Commonwealth must prove that the offender knowingly and intentionally possessed the controlled substance. This means that he knew the illegal character of the substance, knew where it was located, and exercised dominion and control over it. Possession can be actual or constructive, and more than one person can be convicted of possessing the same controlled substance at the same time. For more information on how the Commonwealth can prove possession of a controlled substance in Virginia, click here.

Controlled Substance

The Commonwealth must prove that the substance found is an illegal controlled substance. Controlled substances are drugs that are classified into 6 Schedules based on their potential for abuse and medical utility. Proof that the substance found is one of the listed controlled substances is usually introduced in the form of lab test results. For more information on the different schedules of controlled substances and which drugs are included, click here.

Intent to Distribute

Intent to distribute is required for a conviction under Va. Code §18.2-248. Intent to distribute can be proven with the offender’s admissions, but is usually proven with circumstantial evidence. Below are several factors the courts consider in determining an intent to distribute:

Quantity of the controlled substance
Packaging
Lack of evidence that the offender personally used the drugs
Prior intent to distribute offenses, or
Presence of the following:
- Drug Selling Paraphernalia (baggies, pager, scales)
- Firearm, or
- Large amount of cash.

For more information on how the Commonwealth can prove intent to distribute a controlled substance in Virginia, click here.

Distribute is defined in Va. Code §54.1-3401 as “to deliver other than by means of administering or dispensing a controlled substance.” Distribution is interpreted broadly and therefore covers basically any transfer of controlled substances, even if there was no money involved.

Penalties for Possession with Intent to Distribute a Controlled Substance in Virginia

Possession with Intent to Distribute a Controlled Substance in Virginia is punished with jail time, fines, and driver’s license suspension.

Possession of a Schedule 1 or Schedule II Controlled Substance with Intent to Distribute (Va. Code §18.2-248(C)): A First Offense Possession with Intent to Distribute a Schedule I or II Controlled Substance is punished with 5-40 years in prison and a fine up to $500,000. A Second Offense is punished with up to life in prison (with a 3 year mandatory minimum) and a fine up to $500,000. A Third (or Subsequent) Offense is punished with up to life in prison (with a mandatory minimum of 10 years) and a fine up to $500,000.
Possession of a Schedule III Controlled Substance with Intent to Distribute in Virginia is a Class 5 felony under Va. Code §18.2-248(E)(1). It is punished with up to 10 years in prison, a fine up to $2500, and driver’s license suspension.
Possession of a Schedule IV Controlled Substance with Intent to Distribute in Virginia is a Class 6 felony under Va. Code §18.2-248(E)(2). It is punished with up to 5 years in prison, a fine up to $2500, and driver’s license suspension.
Possession of a Schedule V Controlled Substance with Intent to Distribute in Virginia is a Class 1 misdemeanor under Va. Code §18.2-248(F). It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension.
Possession of a Schedule VI Controlled Substance with Intent to Distribute in Virginia under Va. Code §18.2-248(F) is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension.

Other Possession with Intent to Distribute Offenses in Virginia Involving Controlled Substances

Possession of an Anabolic Steroid with Intent to Distribute: This offense, charged under Va. Code §18.2-248.5(A) 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.

Possession of Gamma-Butyrolactone or 1, 4-Butanediol: Va. Code §18.2-251.3 states that possessing with the intent to distribute Gamma-Butyrolactone of 1, 4-Butanediol for human consumption is punished with 5-20 years in prison and a fine up to $100,000.

Enhanced Penalties for Possession of Cocaine, Cocaine Base, Meth or Heroin with Intent to Distribute: Va. Code §18.2-248(C) and §18.2-248(H) provide additional and enhanced penalties for possessing large amounts of specific Schedule I and II controlled substances. These enhanced penalties include mandatory minimum prison sentences which will be served consecutively with any other prison sentence. For more information on possession with intent to distribute charges involving large amounts of these controlled substances, click here.

Possession of Controlled Substances in Public Locations with Intent to Distribute

Possession with Intent to Distribute a Controlled Substance at certain locations (public schools, school bus stop, public libraries, etc.) is punished as a separate and distinct felony under Va. Code §18.2-255.2. Possession with intent to distribute a controlled substance at one of the listed locations is punished with 1-5 years in prison and a fine up to $100,000 for a first offense. Second and subsequent offenses involving controlled substances in Schedules I-III have mandatory minimum prison terms. For more information on the locations that are subject to the penalties under §18.2-255.2, click here.

Possession with Intent to Manufacture Controlled Substance

Distribution and Sale of Controlled Substance

For more information on charges of sale of controlled substance in Virginia, click here.

Distribution to a Minor: Virginia Code 18.2-255 criminalizes drug offenses based on the age of the offender and the recipient. The statute prohibits an accused over the age of 18 from knowing and intentionally distributing a Schedule I, II, III, IV controlled substance or marijuana to someone under the age of 18. The Commonwealth does not have to prove that the defendant knew the age of the recipient. 18.2-255(A) prohibits anyone over the age of 18 causes a person under the age of 18 to assist in the distribution of a Schedule I, II, III, or Iv controlled substance. The punishment, upon conviction, is 10-50 years in prison, five years of which are a mandatory minimum for a Schedule I or II drug or more than one ounce of marijuana. There is a 2 year mandatory minimum for the distribution of less than an ounce of marijuana. There is also a fine up to $100,000.

Delivery of a Controlled Substance to a Prisoner: Virginia Code 18.2-474.5 states that it is a Class 5 felony to deliver any controlled substance to a prisoner. To be convicted, the offender must intend that the prisoner have access to the item, know he is delivering a substance, and have knowledge of what that substance is.

Distribution, Sale and Manufacture of A Controlled Substance on or Near Certain Property: Distributing, Selling, or Manufacturing a controlled substance on or near certain property criminalized under Va. Code §18.2-255.2. The statute applies to schools and school grounds, public property or property open to public use within 1000 feet of schools or school grounds, school buses, school bus stops and surrounding property when children are being picked up or dropped off, public rec centers, public libraries, state facilities or public property within 1000 feet of a state facility. Distributing a controlled substance at these locations is a separate and distinct felony from any other offense. It is punished with 1-5 years in prison and a fine up to $100,000. A second or subsequent violation of this statute involving distribution of more than one half ounce of marijuana or distribution of a Schedule I, II, or III controlled substance is punished with a mandatory minimum consecutive prison sentence of one year.

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.

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 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 under 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.

Distribution 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 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 250 grams or more of a substance containing cocaine base is punished with 5 years up to life in prison and a fine up to $1,000,000. 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

Distribution 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 Crimes Involving 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.

Manufacture of Controlled Substance

A conviction for manufacturing a Schedule I or II controlled substance (excluding methamphetamine) will result in 5-40 years in prison and a fine up to $500,000. A second conviction results in 5 years to life in prison. Three years are a mandatory minimum. A third conviction will result in 10 years to life, with 10 years being a mandatory minimum term of imprisonment. Additionally, there will be a fine up to $500,000.

Click here for more information on charges of manufacturing controlled substances in Virginia.

Manufacturing a controlled substance in Virginia is creating a controlled substance from two or more other substances. Penalties for manufacturing a controlled substance in Virginia depend on the Schedule of the controlled substance, the number of the offender’s prior convictions, whether minors were involved, and whether the manufacture occurred on certain property. Additionally, there are increased penalties for charges of manufacturing a controlled substance in Virginia involving specified amounts of certain controlled substances.

A controlled substance in Virginia is “a drug, substance, or immediate precursor in Schedules I through VI” of the Drug Control Act Va. Code §54.1-3401. Controlled substances are classified into schedules based on their potential for abuse and accepted medical use. Controlled substances in Schedules I and II have the highest potential for abuse and charges involving these controlled substances have very harsh penalties. For more information on the different schedules of controlled substances in Virginia, click here.

Va. Code §54.1-3401 defines manufacturing as “the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.” Manufacturing a controlled substance in Virginia is basically applying an extractive or synthetic process (or both) to one or more substances to create a new controlled substance.

To convict an offender of manufacturing a controlled substance in Virginia, the Commonwealth must prove knowing and intentional possession of a controlled substance, that the substance was in fact a controlled substance, and that the offender manufactured the controlled substance-that he applied extraction or a synthetic process to one or more substance to create a new controlled substance. An offender can be convicted of manufacturing a controlled substance in Virginia under Va. Code §18.2-248 even if he did not complete the manufacture of a controlled substance.

Penalties for manufacturing a controlled substance in Virginia vary depending on the Schedule of the controlled substance manufactured and the number of the offender’s prior convictions:

Manufacture of a Schedule I or II Controlled Substance in Virginia under Va. Code §18.2-248(C)) is punished with 5-40 years in prison and a fine up to $500,000 for a first offense. A second offense is punished with 5 years to life in prison and a fine up to $500,000. A third offense is punished with a mandatory minimum of 10 years up to life in prison and a fine up to $500,000.
Manufacture of Schedule III Controlled Substance (Va. Code §18.2-248) is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
Manufacture of Schedule IV Controlled Substance is a Class 6 felony under Va. Code §18.2-248(E)(2). It is punished with up to 5 years in prison and fine up to $2500.
Manufacture of Schedule V or VI Controlled Substance (Va. Code §18.2-248(F)) are Class 1 misdemeanors, punished with up to 12 months in jail and a fine up to $2500.

Manufacturing Anabolic Steroids (Va. Code §18.2-248.5(A) is punished with up to 10 years in prison, with a mandatory consecutive 6 month sentence and a fine up to $20,000.

Manufacturing Gamma-butyrolactone or 1, 4-Butanediol when it is intended for human consumption (Va. Code §18.2-251.3) is punished with up to

Manufacturing Flunitrazepam (Va. Code §18.2-251.2) is punished with 5-40 years in prison and a fine up to $500,000. A second offense is punished with a mandatory minimum of 3 years in prison up to life in prison. A third or subsequent offense is punished with a mandatory minimum of 10 years in prison up to life in prison and a fine up to $500,000.

Manufacturing Heroin: Manufacturing more than 100 grams of a substance containing a detectable amount of Heroin is punished with a mandatory, consecutive minimum of 5 years in prison up to a life sentence and a fine up to $1,000,000 under Va. Code §18.2-248(C)(1). Manufacturing more than 1 kilogram of a substance containing Heroin is punished with a mandatory minimum of 20 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(H)(1).

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

Manufacturing Meth: Manufacturing Meth or less than 200 grams of a substance containing Meth under Va. Code §18.2-248(C1) is punished with 10-40 years in prison and a fine up to $500,000. Second and third offenses can be punished with up to life in prison. Manufacturing 28 grams or more of a mixture containing meth is punished with a 5 to 40 years in prison (with a mandatory minimum of 3 years) and a fine up to $500,000 (Va. Code §18.2-248.03). Manufacturing 10 grams or more of meth or 20 grams or more of a substance containing meth is punished with 5 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(C)(4). Manufacturing more than 227 grams of a substance containing meth is punished with a mandatory, consecutive minimum of 5 years up to life in prison and a fine up to $1,000,000 (Va. Code §18.2-248.03(B)). Manufacturing more than 100 grams of meth, or more than 200 grams of a substance containing meth, is punished with a mandatory minimum of 20 years in prison up to a life sentence, in addition to a $1,000,000 fine under Va. Code §18.2-248(H)(5).

Allowing a Minor or Incapacitated Person to Be Present During Manufacture/Attempted Manufacture of Meth (Va. Code §18.2-248.02) is punished with 10-40 years in prison. This penalty is in addition to, and will be served consecutively with, any other prison sentence.

Manufacturing A Controlled Substance in Virginia Through 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 from the manufacture of cocaine, methamphetamine or heroin or if he is engaged in the enterprise to manufacture certain amounts of cocaine, cocaine base, meth, or heroin. An organizer of a continuing criminal enterprise that received more then $250,000 period from the manufacture of meth, cocaine or heroin, or if he is engaged in the enterprise to manufacture 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)).

Manufacturing A Controlled Substance in Virginia on or Near School and Public Property is an additional, separate charge under Va. Code §18.2-255.2. The penalty for manufacturing a controlled substance in Virginia on or near these properties is imprisonment for 1-5 years and a fine up to $100,000. A second or subsequent charge of manufacturing a controlled substance in Virginia on school or public property involving a Schedule I, II, or III controlled substance or more than one half ounce of marijuana will result in a mandatory minimum, consecutive prison term of one year. The properties covered by this statute include public or private schools, public property within 1,000 feet of school property, school bus stops, school buses, public rec centers and libraries, state facilities and public property within 1,000 feet of a state facility. For more information on manufacturing a controlled substance in Virginia on or near these properties, click here.

Conspiracy to Manufacture a Controlled Substance in Virginia (Va. Code §18.2-256) can be punished the same way as the drug offense that is the object of the conspiracy.

Attempt to Manufacture a Controlled Substance in Virginia (Va. Code §18.2-257) is punished with 1-10 years in prison if the offense is a felony. Attempting to commit a misdemeanor drug offense is punished with up to 6 months in jail, unless the offense attempted has a lower penalty. If the penalty for the offense attempted happens to be lower than the punishment for the attempted offense, the offender can be punished according to the lower penalty (Va. Code §18.2-257).

Importation of Controlled Substance

Virginia Code 18.2-248.01 makes it unlawful to import into the Commonwealth of Virginia with the intent to distribute one ounce or more of cocaine or any other Schedule I or II drug. The substance can be a cocaine compound of preparation thereof. Punishment for this offense is 5-40 years in prison. 3 years are a mandatory minimum. There will also be a fine of up to $1,000,000. A second or subsequent offense is punished by a 10 year mandatory minimum.

Click here for more information on importation of controlled substance charges in Virginia.

For more information on controlled substance charges in Virginia, click here.

Imitation Controlled Substances

An imitation controlled substance in Virginia is a substance that mimics or purports to be a controlled substance. It is either a counterfeit controlled substance or any substance that is not a controlled substance subject to abuse. Charges involving Imitation Controlled Substances in Virginia punish the same conduct as controlled substance charges in Virginia, including possession with intent to distribute (Va. Code §18.2-248(G)), actual distribution (Va. Code §18.2-248(G)), manufacturing (Va. Code §18.2-248(G)), distribution to a minor (Va. Code §18.2-255(B)(i)) , causing a minor to assist in the distribution of an imitation controlled substance (Va. Code §18.2-255(B)(ii)), distribution or possession with intent to distribute on school or certain public property (Va. Code 18.2-255.2), and advertising the sale of imitation controlled substances (Va. Code §18.2-248.4).

For more information on imitation controlled substances in Virginia, click here.

An imitation controlled substance in Virginia is a substance that mimics the appearance of a controlled substance. An imitation controlled substance can be either a counterfeit controlled substance or a pill, capsule, tablet, or substance in any form which is not a controlled substance subject to abuse.

Counterfeit Controlled Substance: Va. Code §18.2-247(E) states that a counterfeit controlled substance is “a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug.” For more information on counterfeit controlled substances in Virginia, click here.
Not a Controlled Substance Subject to Abuse: Controlled substances are divided into 6 schedules, or levels, based on their potential for abuse and accepted medical use. An imitation controlled substance can be a a pill, capsule, tablet, or substance in any form which is not a controlled substance subject to abuse.

For more information on controlled substances subject to abuse, click here. For more information on the 6 schedules of controlled substances in Virginia, click here.

Proof A Substance is An Imitation Controlled Substance in Virginia

To convict an offender of a charge involving an imitation controlled substance in Virginia, the Commonwealth must prove that the substance is either:

a counterfeit controlled substance or
a pill, capsule, tablet or substance in any form that is not a controlled substance subject to abuse, and

The Commonwealth must also prove that the substance, pill, capsule, or tablet:

would be mistaken for a controlled substance based on its appearance or packaging, or
purports to act like a controlled substance as a stimulant or depressant of the central nervous and which is not commonly used for any purpose other than central nervous system stimulant or depressant.

Imitation Controlled Substance Charges in Virginia

Selling, Distributing, Giving or Manufacturing an Imitation Controlled Substance: It is a Class 6 felony under Va. Code §18.2-248(G) to sell, distribute, give or manufacture an imitation controlled substance in Virginia that imitates a schedule I, II, III, or IV controlled substance.

Possession with Intent to Distribute an Imitation Controlled Substance: It is a Class 6 felony under Va. Code §18.2-248(G) to possess an imitation controlled substance with an intent to sell, distribute, give, or manufacture an imitation controlled substance in Virginia that mimics a schedule I, II, III, or IV controlled substance.

Distribution of an Imitation Controlled Substance on Certain Property: Va. Code §18.2-255.2 provides that manufacturing, selling or distributing an imitation controlled substance on certain property or possessing an imitation controlled substance on certain property with an intent to sell, give or distribute is a separate and distinct offense. This means that the offender can be charged with and punished for this crime in addition to any other drug crime related to the same conduct. The property covered by this statute includes schools, public property within 1000 feet of a school, a school bus, at a school bus stop or within 1000 feet of property open to public use of a school bus stop when students are being picked up or dropped off, a public rec center, public library, a state facility or within 1000 feet of a state facility. This offense is punished with 1-5 years in prison and a fine up to $100,000.

Distribution of an Imitation Controlled Substance in Virginia to a Minor: It is a Class 6 felony under Va. Code §18.2-255(B)(i) for anyone over 18 to distribute an imitation controlled substance to a minor under 18 if the minor is at least 3 years younger than the offender. This crime is punished with up to 5 years in prison and a fine as high as $2500.

Causing Minor to Assist in Distribution of Imitation Controlled Substance in Virginia: If a person over the age of 18 causes a minor under 18 (who is at least 3 years younger) to distribute an imitation controlled substance, he has committed a Class 6 felony under Va. Code §18.2-255(B)(ii). This offense is punished with up to 5 years in prison and a fine up to $2500.

Advertising Imitation Controlled Substances: It is a Class 1 misdemeanor under Va. Code §18.2-248.4 to knowingly sell, display for sale, or distribute a book, pamphlet, or other printed material which the offender knows is intended to promote the distribution of an imitation controlled substance. This crime is punished with up to 12 months in jail and a fine up to $2500.

Designer Drugs

Click here for more information on designer drugs in Virginia.

Drug Paraphernalia Charges

Paraphernalia charges in Virginia include controlled paraphernalia and drug paraphernalia.

Controlled Paraphernalia

Controlled Paraphernalia in Virginia are tools used for hypodermic injections or containers used for packaging small doses of controlled substances. They include “a hypodermic syringe, needle, or other instrument or implement or combination thereof adapted for the administration of controlled dangerous substances by hypodermic injections under circumstances that reasonably indicate an intention to use such controlled paraphernalia for purposes of illegally administering any controlled drug or (ii) gelatin capsules, glassine envelopes, or any other container suitable for the packaging of individual quantities of controlled drugs in sufficient quantity to and under circumstances that reasonably indicate an intention to use any such item for the illegal manufacture, distribution, or dispensing of any such controlled drug” (Va. Code §54.1-3466).

Possession or distribution of controlled paraphernalia under Va. Code §54.1-3466 is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.

Drug Paraphernalia

Drug paraphernalia is defined in Va. Code §18.2-265.1 as “all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § 18.2-265.3 for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

It is a Class 1 misdemeanor under Va. Code §18.2-265.3 to sell drug paraphernalia or to possess drug paraphernalia with intent to sell when the offender knows or should know that the paraphernalia is designed for use or intended to be used for ingesting marijuana or a controlled substance.

Distributing drug paraphernalia to a minor is a Class 1 misdemeanor under Va. Code §18.2-265.3(C). It is a felony under Va. Code §18.2-265.3(B) for a person over 18 to sell drug paraphernalia to a minor who is at least 3 years younger than the offender. This offense is punished with up to 5 years in prison.

Advertising Drug Paraphernalia

It is a Class 1 misdemeanor under Va. Code §18.2-265.5 to advertise in any publication when the person knows or should know that the purpose of the advertisement is to promote the sale of objects designed or intended to be used as drug paraphernalia.

Obtaining Drug Paraphernalia by False Pretenses

Virginia Code §54.1-3470 makes it unlawful to obtain drug paraphernalia by fraud or false statements.

For more information on drug paraphernalia in Virginia, click here.

Distributing or Displaying for Sale Paraphernalia to Minor

It is a Class 1 misdemeanor under Va. Code §18.2-255.1 to knowingly sell, distribute, or display for sale any printed material to a minor that the offender knows advertises the sale of instruments used for unlawfully ingesting or preparing marijuana or controlled substances.

Virginia Drug Charges Involving Specific Drugs

Virginia Drug Charges Involving Steroids

Virginia drug charges related to anabolic steroids are found in Va. Code §18.2-248.5(A). The statute makes it unlawful to knowingly distribute, manufacture, sell or give anabolic steroids. It also criminalizes possession with intent to distribute, manufacture, sell or give. The punishment is 1-10 years in prison, or 12 months in jail and a fine not to exceed $20,000. There is a mandatory minimum consecutive sentence of 6 months. Click here for more information on Virginia drug charges involving anabolic steroids.

Virginia Drug Charges Involving Stimulants

Knowingly selling or giving a pill, capsule or tablet containing a combination of caffeine and ephedrine sulfate to a minor without a prescription is a Class 1 misdemeanor under §18.2-248.5(B).

For more information on Virginia drug charges involving stimulants, click here.

Virginia Drug Charges Involving Meth

Controlled substance charges in Virginia involving Meth have increased penalties for large quantities. Va. Code §18.2-248.03 states that manufacturing, selling, giving or distributing 28 grams or more of meth is a felony punished with 5-40 years in prison with a mandatory minimum, consecutive sentence of 3 years and a fine up to $500,000.

The same penlties apply for possessing with intent to manufacture, sell, give or distribute a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.

Manufacturing, selling giving e years is a mandatory distributing more 227 grams or more of a mixture or substance containing meth is a felony punished with 5years up to life in prison under Va. Code §18.2-248.03(B). Five years is a mandatory, consecutive minimum. It is also punished with a fine up to $1,000,000.

Knowingly allowing a minor or incapacitated person to be present in the same dwelling or apartment or other building during the manufacture or attempted manufacture of meth is a separate and distinct felony. it is punished with 10-40 years in prison and the prison sentence must be served consecutively to any other sentence. Va. Code §18.2-248.02.

Possessing 2 or more different substances with the intent to manufacture meth, methcathinone or amphetamine is a Class 6 felony. The prohibited substances are listed in the statute. For more information on this charge, click here.

Distributing, manufacturing or possessing with intent to distribute or manufacture ten grams or more of meth, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of meth, its salts, isomers, or salts of its isomers.

Distributing, manufacturing, or possessing with intent to distribute or manufacture more ethan 100 grams or more of meth, it salts, isomers, or salts of its isomers, or 200 grams or more of a mixture or substance containing a detecbale amount of meth is punished with 20 years up to life in prison and a fine up to $1,000,000. 20 years is a mandatory minimum, consecutive sentence.

Manufacturing methamphetamine or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine is punished with 10-40 years in prison and a fine up to $500,000. A second conviction of manufacturiung meth is punished wih 10 years up to life in prison and a fine up to $500,000. A third or subseuqnet offense is punished with 10 years up to life in prison., with a mandatory minimum, conseuctive sentence of 3 years, and a fine up to $500,000. Any person convicte dof manyfacturing meth must also have to pay resitution under 18.2-248 for property damaged as a result of the meth manufacturing.

Glue Sniffing:

Possession with Intent to Distribute Meth:
Distribution of Meth: The manufacture or distribution of meth, or possession with intent to manufacture or distribute less than 200 grams of a mixture containing meth is punished under 18.2-248(c )(1). A first offense will result in 10-40 years in prison and a fine up to $500,000. A second offense will result in 10 years to life in prison, with a fine up to $500,000. Virginia Code 18.2-248 (H) allows for enhanced penalties for possession of certain enumerated drugs of certain weights. The punishment is 20 years to life in prison, with twenty years being a mandatory minimum. Additionally, there is a fine up to $1,000,000. Click here for more information on distribution of meth charges in Virginia.
Possession with Intent to Manufacture Meth:
Manufacture/Distribution of Meth: The manufacture or distribution of meth, or possession with intent to manufacture or distribute less than 200 grams of a mixture containing meth is punished under 18.2-248(c )(1). A first offense will result in 10-40 years in prison and a fine up to $500,000. A second offense will result in 10 years to life in prison, with a fine up to $500,000. Virginia Code 18.2-248 (H) allows for enhanced penalties for possession of certain enumerated drugs of certain weights. The punishment is 20 years to life in prison, with twenty years being a mandatory minimum. Additionally, there is a fine up to $1,000,000.

For more information on meth charges in Virginia, click here.

Virginia Drug Charges Involving Cocaine

An offender faces 5 years up to life in prison and a fine up to $1,000,000 under Va. Code 248 for Manufacturing, distributing, or possessing with intent to manufacture or distribute:

500 grams or more of a mixture or substance containing a detectable amount of coca leaves
500 grams or more of Cocaine
500 grams or more of any compound, mixturem or preparation that contains any quanitty of Coca leaves, Cocaine, or Ecgonine
250 grams or more of a mixture or substance containing coca leves, cocaine, or egonine, or any compound mixture, or preparation that contains any quanitity of coca leaves, cocaine, or egonine with cocaine base

Distributing, manufacturing, or possessing with intent to distribute or manufacture more than 5 kilos of a mixture or substance conaining a detectable amount of coca leaves, cocaine, ecgonine, or any compound, mixture or preparation containing any quantity of coca leaves, cocaine, or ecgonine is punished with 20 years up to life in prison. 20years is a mandatory, conseuctive minum. a fine up to $1,000,000. An offender also faces 20 years up to life in prison and a ine up to $1,000,000 for distributing ,anufacturing or possessing with intent to distribute or manufacture 2.5 kilos or more of a mixture or substance containing a detectable amount of coca leaves, cocaine, or ecgonine which contains cocaine base.

Transporting one ounce or more of cocaine, coca leaves, or any derivatives or preparation into Virginia with the intent to distribute is punished with 5-40 years in prison and a fine up to $1,000,000 under Va. Code §18.2-248.01. A second or subsequent conviction is punished with a mandatory minimum of ten years in prison.

Importation of Cocaine: Virginia Code §18.2-248.01 makes it unlawful to import into the Commonwealth of Virginia with the intent to distribute one ounce or more of cocaine or any other Schedule I or II drug. Mailing a controlled substance into the Commonwealth is sufficient for importation. A recipient of such a controlled substance being imported or mailed into the Commonwealth is a principle in the second degree. The Commonwealth must prove that the substance is at least one ounce and contains cocaine. The substance can be a cocaine compound of preparation thereof. Punishment for this offense is 5-40 years in prison. 3 years are a mandatory minimum. There will also be a fine of up to $1,000,000. A second or subsequent offense is punished by a 10 year mandatory minimum.

For more information on importation of Cocaine charges in Virginia, click here.

Virginia Drug Charges Involving Heroin

Distributing, manufacturing or possessing with intent to distribute or manufacture 100 grams or more of heroin or a mixture containing heroin is punished with a mandatory minimum, consecutive sentence of five years up to life in prison and a fine up to $1,000,000.

Distributing, manufacturing or possessing with intent to distribute 1 kilogram or more of heroin or a mixture containing heroin is punished with a mandatory minimum if 20 years up to life in prison and a fine up to $1,000,000.

Click here for more information on Virginia drug charges involving heroin.

Continuing Criminal Enterprise

Continuing Criminal Enterprise Involving Meth, Cocaine, or Heroin

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 gross receipts during a 12 month period from the manufacture, importation or distribution of:

methamphetamine
cocaine, or
heroin.

An orgaizer of a continuing criminal enterprise in Virginia also faces the same penalties if he is engaged in the enterprise to manufacture or distribute or possess with intent to manufacture or distribute during a 12 month period at least 100 grams but less than 250 grams of meth or at least 200 grams but less than 1 kilo of a mixture or substance containing a detectable amount of meth.

or if the person is engaged in the enterprise to manufacture, distribute, or possess with intent to manufacture or distribute in a 12 month period between 5 and 10 kilos of a mixture or substance containing a detectable amount of coca leaves, cocaine, ecgonine, or any compound, mixture or preparation which contains any quantity of the bove substances, or at least 2.5 kilos but less than 5 kilos or a mixture or substance desvribed above hich contains cocaine base. Punished with 20 years up to life in prison and a fine up to $1,000,000.

An organizer of a continuing crimina enterprise that receives more than $250,000 in a 12 month period from the manufacture, imprortation or distribution of cocaine por of the person engaged in the enterprise to manufactur, distribute, or possess with intent to manufctaure or distribute at least 10 kilos of a mixture or substance contiaining a detectabl amount ot coca leavs, cocaine ecgonine, or ontains any quantity oany compoinf, mixture or preparation which quanitity of any of the substances mentioned aboe; at least 5 kilos of a mixture or subsatnce mentioned above ocntiaing occaine base is punished with life in prison and a fine up to $1,000,000.

is punished with 20 years up to life in prison and a fine up to $1,000,000. An organizer of a continuing criminal enterprise who is engaged in the enterprise to manufacture, distribute, or possess with intent to manufacture or distribute between 1 kilo and 5 kilos of a mixture or substance containing heroin is punished with 20 years up to life in prison and a fine up to $1,000,000.

An organizer of a continuing criminal enterprise that received more then $250,000 in gross receipts during a 12 month period from the manufacture, importation or distribution or heroin, or the person engaged in the enterprise to manufacture, distribute, or possess with intent to manufacture or distribute during a 12 month period at least 5 kilos of a mixture or substance containing heroin will be punished with life in prison and a fine up to $1,000,000.

First Offender Diversion Program

Va. Code §18.2-251 allows for a deferred disposition and dismissal of first offense Virginia drug charges. If the offender successfully complies with all of the conditions of the program, the charge will later be dismissed. To be eligible for the program, the accused must not have had any prior drug conviction in any jurisdiction in the United States. Additionally, he or she must not have previously benefited from the 251 program. The 251 diversion program can only be used one time. If a defendant enters the program and fails to complete it, not only will he or she be convicted of the drug offense, but he or she will be barred from entering the program again. Click here for more information on the first offender diversion program in Virginia.

Deferred Disposition for First Offenders

Virginia allows for the deferred disposition and dismissal of a first offense possession of a controlled substance in Virginia charge if the offender completes a rigorous probation program. The program requires a substance abuse evaluation, completion of any required drug treatment, drug and alcohol testing, and community service. The offender is also required to find or maintain employment.

Va. Code §18.2-251 states that if the offender completes the probationary program successfully, the court will dismiss the charge against him and he will not have a drug conviction. However, the charge can never be expunged. This means that the fact that he was arrested, or charged, will be on his criminal record permanently. If the offender fails to successfully complete the program, the judge will find the defendant guilty of the original drug charge, impose a sentence, and he will be unable to ever participate in the first offender program in the future.

First Offender Program

Va. Code §18.2-251 allows for the deferred disposition and dismissal of a first offense possession with intent to distribute a controlled substance charge if the offender completes a rigorous probation program. It requires substance abuse evaluation and treatment, community service, drug testing, and maintaining employment. If the offender successfully completes the program, the charge will be dismissed. However, the arrest can never be expunged. If the offender fails to complete the program, the judge will convict him of possession with intent to distribute a controlled substance, impose a sentence, and he will never be able to benefit from Virginia’s 251 program again.

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