Distribution of Controlled Substance on School Property Va. Code 18.2-255.2(A)(1)

Drug distribution in Virginia is generally charged under Va. Code §18.2-248.  However, distribution of a controlled substance on school property in Virginia (Va. Code §18.2-255.2) is a separate and distinct offense and can be charged in ADDITION to a Va. Code §18.2-248 distribution charge.

Proof of Distribution of A Controlled Substance in Virginia

To convict an offender of distribution under Va. Code §18.2-255.2(A)(1), the Commonwealth must prove that the offender possessed and distributed a controlled substance on school property.

• Possession: To be convicted of Distribution of A Controlled Substance on School Property in Virginia under Va. Code §18.2-255.2(A)(1), the Commonwealth must prove that the offender knowingly and intentionally possessed the controlled substance.  For more information on proof of possession of a controlled substance in Virginia, click here.
• Distribution: Distribution is defined in Va. Code §54.1-3401 as the “Delivery other than by administering or dispensing a controlled substance.”  Distribution is interpreted broadly and can cover most drug transactions, even if money is not involved.
• Controlled Substance:  Controlled substances are drugs which are divided into 6 categories, or Schedules, based on their potential for abuse, risk of dependence and accepted medical use.  The Commonwealth must prove that the substance was in fact a controlled substance in Schedules I-VI of the Drug Control Act in the Virginia Code.  For more information on the different schedules of controlled substances in Virginia and examples, click here.
• School Property: The property covered by Va. Code §18.2-255.2(1) includes public or private elementary, secondary, and post-secondary schools, colleges, other public or private 2 or 4 years institutions of higher learning, and child day centers in Virginia.  The statute covers both distribution in the building or on the school grounds.

Penalties for Distribution of A Controlled Substance on School Property in Virginia

Distribution of a Controlled Substance on school property in Virginia is punished with prison and very high fines.  Second or subsequent offenses involving controlled substances in Schedules I-III have increased mandatory minimum terms of imprisonment.  This mandatory minimum will be served consecutively to any other sentence.

• Distribution of Schedule I, II or III Controlled Substance on School Property: A first offense distribution of a Schedule I Controlled Substance on School Property charge is punished with up to 5 years in prison and a fine up to $100,000.  A second offense carries a mandatory minimum of 1 year in prison (with a maximum of 5 years) and a fine up to $100,000.
• Distribution of Schedule IV, V or VI Controlled Substance on School Property is punished with 1-5 years in prison and a fine up to $100,000.

Distribution of A Controlled Substance on School Property in Virginia: Statute

§18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certain properties; penalty.

A. It shall be unlawful for any person to manufacture, sell or distribute or possess with intent to sell, give or distribute any controlled substance, imitation controlled substance, or marijuana while: (1.) Upon the property, including buildings and grounds, of any public or private elementary, secondary, or post secondary school, or any public or private two-year or four-year institution of higher education, or any clearly marked licensed child day center as defined in § 63.2-100;

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