Other Marijuana Charges

Marijuana charges in Virginia are punished based on the amount of the marijuana found, 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.

Common marijuana charges in Virginia include possession, possession with intent to distribute, distribution, manufacturing an importation. For more information on marijuana charges in Virginia involving possession, click here. For more information on marijuana charges in Virginia involving possession with intent to distribute, click here. For more information on marijuana charges in Virginia involving distribution, click here. For more information on marijuana charges in Virginia relating to manufacturing, click here. Click here for more information on marijuana charges in Virginia involving importation.

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

Marijuana Charges in Virginia Involving Prisoners

Possession of marijuana by prisoner (Va. Code §53.1-203.6) is a Class 5 felony. Distributing marijuana to a prisoner (Va. Code §18.2-474.1) is also a Class 5 felony.

Marijuana Charges In Virginia Involving Minors

Distributing Marijuana to a Minor (Va. Code §18.2-255(A)) is punished with 10-50 years in prison and a fine as high as $100,000. There is a mandatory minimum of 2 years in prison for distributing less than one ounce of marijuana, and a mandatory minimum of 5 years for distributing one ounce or more of marijuana.

Causing A Minor to Assist in Distribution of Marijuana in Virginia (Va. Code §18.2-255(A)) is punished with 10-50 years in prison and a fine as high as $100,000. There is a 2 year mandatory minimum sentence if the offense involved distribution of less than one ounce of marijuana, and there is a 5 year mandatory minimum sentence if the offense involved distribution of more than one ounce of marijuana.

Distributing, Manufacturing or Possessing with Intent to Distribute or Manufacture on School and Public Property

Distributing, selling, manufacturing, or possessing with intent to distribute marijuana on or near school or public property is a separate felony (Va. Code §18.2-255.2). It is punished with 1-5 years in prison and a fine up to $100,000. A second or subsequent conviction involving more than one-half ounce of marijuana is punished with a mandatory minimum, consecutive sentence of 1 year in prison. 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 it is in use, a public rec center, community center, public library, state facility, or public property within 1,000 feet of a state facility.

Marijuana Offenses Involving Continuing Criminal Enterprise

An organizer of a continuing criminal enterprise that receives more than $100,000 in gross receipts during a 12 month period from the distribution, manufacture, or importation of marijuana or if he is engaged in the enterprise to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute between 100 kilograms and 250 kilograms of a substance containing marijuana during a 12 month period faces 20 years in prison and a fine up to $1,000,000 (Va. Code §18.2-248(H1)).  Receiving more than $250,000 during a 12 month period or possessing more than 250 kilograms with intent to distribute, sell, give or manufacture during a 12 month period is punished with life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(H2)).

Marijuana Offenses Committed while Using or Possessing Firearm

Possessing, using, attempting to use a firearm or displaying a firearm in a threatening manner while distributing, selling, manufacturing or possessing more than one pound of marijuana with intent to distribute, sell or manufacture is a separate and distinct offense and is a Class 6 felony (Va. Code §18.2-308.4). The offense is also committed by possessing, using, attempting to use, or displaying a firearm in a threatening manner while attempting to commit one of these crimes.  There is a mandatory minimum, consecutive prison sentence of 5 years which is in addition to any punishment received for the underlying drug offense.

Conspiracy to Commit Marijuana Offense

Conspiring to commit a marijuana offense in Virginia will be punished with either a fine, jail or both (Va. Code §18.2-256).  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.

Attempt to Commit Marijuana Offense

Attempting to commit a felony marijuana offense in Virginia §18.2-257(A) is punished with 1-10 years in prison. However, if the offender attempted to commit a felony marijuana 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 marijuana offense is a Class 2 misdemeanor (Va. Code §18.2-257(B)).

 

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