Other Controlled Substance Charges

Controlled substance charges in Virginia are punished based on the Schedule and amount of the controlled substance, the number of the offender’s prior convictions, the location of the offense, whether minors were involved, and whether the offender possessed or used a firearm during the commission of the offense.

controlled substance charges in VirginiaCommon controlled substance charges in Virginia include possession, possession with intent to distribute, distribution, manufacture, and importation.  For more information on possession of a controlled substance in Virginia, click here.  For more information on controlled substance charges in Virginia involving possession with intent to distribute, click here.  For more information on controlled substance charges in Virginia involving distribution, click here.  For more information on controlled substance charges in Virginia relating to manufacturing, click here.  For more information on controlled substance charges in Virginia relating to importation, click here.

There are a number of specific controlled substance charges in Virginia in addition to the general offenses mentioned above.  These charges are discussed below.

Controlled Substance Charges in Virginia Involving Prisoners

Delivering, attempting to deliver, or conspiring to deliver a controlled substance to a prisoner in Virginia is a Class 5 felony (Va. Code §18.2-474.1). It is punished with up to 10 years in prison and a fine up to $2500.  Click here for more information on delivering a controlled substance to a prisoner in Virginia.

Controlled Substance Charges in Virginia Involving Minors

Many controlled substance charges in Virginia involving minors have mandatory minimum and consecutive sentences.

  • Distributing A Controlled Substance to A Minor (Va. Code §18.2-255): Knowingly or intentionally distributing a Schedule I, II, III, or IV controlled substance to a minor at least 3 years younger than the offender is punished with 10-50 years in prison and a fine up to $100,000.  There is a 5 year mandatory minimum sentence for distributing a Schedule I or II controlled substance.
  • Causing Minor to Assist in Distribution of Controlled Substance (Va. Code §18.2-255): Knowingly or intentionally causing a minor to assist in the distribution of a Schedule I, II, III or IV controlled substance is punished with 10-50 years in prison and a fine up to $100,000.  There is a 5 year mandatory minimum sentence for distributing a Schedule I or II controlled substance.
  • Distributing Stimulant to Minor (Va. Code §18.2-248.5): Distributing or selling a pill, capsule or tablet containing any combination of caffeine and ephedrine sulfate to a minor without a prescription is punished allowing-a-minor-to-be-present-during-manufacture-of-meth-is-a-serious-crimewith up to 10 years in prison and a fine up to $20,000.  There is a 6 month mandatory minimum, consecutive sentence.
  • Distributing or Displaying For Sale Written Material Advertising Sale of Controlled Paraphernalia to Minor (Va. Code §18.2-255.1): This offense is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.
  • Allowing Minor or Incapacitated Person to be Present During Manufacture of Meth (Va. Code §18.2-248.02):  This offense is punished with 10-40 years in prison and the sentence must be served consecutively to any other offense the offender receives.
Use of a Commercial Vehicle While Committing Controlled Substance Felony

It is a Class 1 misdemeanor to use a commercial vehicle while distributing, manufacturing, or dispensing a controlled substance or possessing a controlled substance with intent to distribute, manufacture or dispense if the offense is a felony (Va. Code §46.2-341.19).  The sentence for this crime is in addition to any sentence the offender receives for the underlying drug charge.

Distributing or Manufacturing on School or Public Property

Distributing, manufacturing, or possessing a controlled substance on school or public property with intent to distribute or manufacture is a distinct and separate felony under Va. Code §18.2-255.2.  It 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 or more than one-half ounce of marijuana is punished with a mandatory distributing-a-controlled-substance-on-school-property-is-a-separate-felonyminimum, consecutive term of 1 year in prison.  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.

Offenses Involving Specific Controlled Substances

There are a number of controlled substance charges in Virginia involving specific drugs that have different penalties for violations involving possession, distribution, manufacture, and intent to distribute or manufacture.

  • Gamma-butyrolactone: It is a Class 3 felony to distribute, give, sell, manufacture, or possess with intent to distribute gamma-butyrolactone (Va. Code §18.2-251.3)
  • 1,4 butanediol: Distributing, selling, giving, manufacturing, or possessing with intent to distribute 1,4 butanediol when it is intended for human consumption is a Class 3 felony (Va. Code §18.2-251.3)
  • Flunitrazepam: Possessing flunitrazepam is a Class 5 felony.  Distributing, selling, giving or manufacturing flunitrazepam 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 a mandatory minimum, consecutive sentence of 3 years up to life in prison.  A third or subsequent offense is punished with a mandatory minimum, consecutive sentence of 10 years up to life in prison (Va. Code §18.2-251.2, Va. Code §18.2-248(C))
  • Anabolic steroids: Distributing, selling, giving, manufacturing or possessing an anabolic steroid with intent to distribute, sell, give or manufacture is punished with up to 10 years in prison (with a mandatory minimum, consecutive sentence of 6 months) and a fine up to $20,000 (Va. Code §18.2-248.5)
  • Stimulants: Distributing or selling a pill, capsule or tablet containing any combination of caffeine and ephedrine sulfate to a minor without a prescription is a Class 1 misdemeanor (Va. Code §18.2-248.5)
  • Cocaine: Distributing or manufacturing cocaine or possessing with intent to distribute or manufacture a mixture or substance containing more than 500 grams of cocaine or more than 250 grams of a mixture containing cocaine base is punished with a mandatory minimum, consecutive sentence of 5 years up to life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(C).  An offender who commits the same acts involving more than 5 kilograms of a mixture or substance containing cocaine or 2.5 kilograms of a mixture containing cocaine base is punished with a mandatory minimum sentence of 20 years up to life in prison and a fine up to $1,000,000 under Va. Code §18.2-248(H)(2).  Importing more than one ounce 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 (Va. Code §18.2-248.01).  Click here for more information on importation of cocaine in Virginia.
  • Heroin: Distributing, selling, giving, manufacturing or possessing a mixture or substance containing more than 100 grams of heroin is punished with a mandatory minimum, consecutive sentence of 5 years up to life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(C)(1)).  An offender who commits the same acts involving more than 1 kilogram of a mixture or 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 (Va. Code §18.2-248(H)(1)).
  • Meth: Controlled substance charges in Virginia involving meth are punished based on the quantity of meth involved and most of the sentences have mandatory minimum, consecutive punishments.
    • Distributing, Manufacturing or Possessing a Mixture or Substance Containing Meth with Intent to Distribute or Manufacture is punished with a minimum of 5 years up to life in prison and fines as high as $1,00,000 (Va. Code §18.2-248.03, Va. Code §18.2-248(C1), Va. Code §18.2-248.03(B), Va. Code §18.2-248(C)(4), Va. Code §18.2-248(H)(5)).
    • Allowing Minor or Incapacitated Person to be Present in A Building During Manufacture or Attempted Manufacture of Meth (Va. Code §18.2-248.02): This offense is punished with a consecutive sentence of 10-40 years in prison.
    • Possessing 2 or More Different Substances with the Intent to Manufacture Meth (Va. Code §18.2-248(J)): An offender faces up to 5 years in prison for possessing 2 or more of the substances listed in Va. Code §18.2-248(J) with the intent to manufacture meth.
Controlled Substance Charges in Virginia Involving Prescriptions

Controlled substance charges in Virginia involving prescriptions can be misdemeanors or felonies.

  • Dispensing  controlled substance without prescription (Va. Code §18.2-248(E)): A pharmacist commits a Class 4 misdemeanor by filling a prescription that has not been received in writing but receives the prescription within one week of filling it.
  • Requesting Pharmacist to Fill Prescription without Written Confirmation (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 a Class 4 misdemeanor.
  • Assisting person in obtaining prescription from unlicensed pharmacy for compensation (Va. Code §18.2-258.2): Knowingly assisting another person in unlawfully obtaining prescription drugs from  an unlicensed pharmacy or other source for compensation is a Class 1 misdemeanor.  A second or subsequent offense is a Class 6 felony, punished with up to 5 years in prison.
Controlled Substance Fraud Offenses

It is a Class 6 felony to fraudulently obtain a controlled substance in Virginia (Va. Code §18.2-258.1).  This offense can be committed by:

  • obtaining or attempting to obtain a controlled substance in Virginia by fraud, misrepresentation, embezzlement, forgery, concealment of a material fact, or using a fake name or address
  • providing false information in a prescription or other document
  • using an invalid license number in manufacturing or obtaining a controlled substance
  • falsely claiming authorization for the purpose of obtaining a controlled substance in Virginia
  • making or uttering a forged or fake prescription or written order
  • putting a fake or forged label on a controlled substance package or receptacle
Controlled Substance Charges in Virginia Involving Firearms

An offender who commits controlled substance charges in Virginia and simultaneously uses or possesses a firearm can be convicted of an additional felony under Va. Code §18.2-308.4 and potentially faces a mandatory minimum of 5 years in prison.

  • Possessing Firearm while Possessing Schedule I or II Controlled Substance (Va. Code §18.2-308.4(A)): It is a Class 6 felony to possess a firearm while possessing a Schedule I or II controlled substance in Virginia.  This offense is a separate and distinct felony from any other controlled substance offense.
  • Possessing Firearm On or About the Person While Possessing Schedule I or II Controlled Substance (Va. Code §18.2-308.4(B): It is a Class 6 felony for an offender to possess a firearm on or about his person while possessing a Schedule I or II controlled substance in Virginia.  This offense is punished with a mandatory minimum sentence of 2 years in prison.
  • Possessing, using, attempting to use, or displaying firearm while committing controlled substance offense (Va. Code §18.2-308.4): Possessing, using, or attempting to use a firearm or display such weapon in a threatening manner while committing or attempting to commit the manufacture, sale, distribution or possessing with intent to manufacture, sell or distribute a Schedule I or II controlled substance is a Class 6 felony.  This crime is a separate and distinct offense.  There is a mandatory minimum, consecutive prison sentence of 5 years additional to any punishment received for the underlying drug offense.
Continuing Criminal Enterprise and Controlled Substance Charges in Virginia

An organizer of a continuing criminal enterprise faces 20 years up to life in prison and a fine up to $1,000,000 if the continuing criminal enterprise 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 (Va. Code §18.2-248(H1)).  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 controlled substance charges in Virginia12 month period.

An organizer of a continuing criminal enterprise faces a life sentence and a fine up to $1,000,000 if the continuing criminal enterprise received more then $250,000 in gross receipts during a 12 month period from the manufacture, importation or distribution of meth, cocaine or heroin (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 large and specific amounts of cocaine, cocaine base, meth or heroin during a 12 month period (Va. Code §18.2-248(H2)).

Violations of the Drug Control Act

Distributing or manufacturing a controlled substance in violation of authorization provided in the Drug Control Act 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.

Conspiracy and Attempts

Conspiring to commit a drug offense (Va. Code §18.2-256) 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 controlled substance offense (Va. Code §18.2-257) is punished with 1-10 years in prison.  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 controlled substance 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)).