Distribution of Marijuana

Distribution of marijuana in Virginia is criminalized under Va. Code §18.2-248.1. The same statute also criminalizes possession with intent to distribute marijuana and manufacturing of marijuana in Virginia. For more information on possession of marijuana with intent to distribute in Virginia, click here. For more information on manufacturing marijuana in Virginia, click here.

There is an exception to a charge of distribution of marijuana in Virginia for doctors who distribute marijuana for medical purposes in the course of the professional practice for treatment of glaucoma or cancer (Va. Code §18.2-251.1(B)) and for pharmacists who distribute marijuana to a person with a valid prescription (Va. Code §18.2-251.1(C)).

Proof of Distribution of Marijuana in Virginia

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

• Possession:  To prove possession of marijuana in Virginia, the Commonwealth must prove that the offender knowingly and intentionally possessed the marijuana. 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 marijuana in Virginia, click here.
• 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 involving marijuana.
• Marijuana: The Commonwealth must also prove that the substance found was in fact marijuana. This proof usually comes from tests conducted in the field as well as more extensive testing in a lab. Marijuana is defined in Va. Code §18.2-247(D) as “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.”

Penalties for Distribution of Marijuana in Virginia

• Distribution of less than one ounce of marijuana (Va. Code §18.2-248.1(a)(1)) is a Class 1 misdemeanor in Virginia.  It is punished with up to 12 months in jail and a fine up to $2500.
• Distribution of more than one ounce but less than 5 pounds of marijuana (Va. Code §18.2-248.1(a)(2)) is a Class 5 felony. It is punished with up to 5 years in prison and a fine up to $2500.
• Distribution of more than 5 pounds of marijuana in Virginia (Va. Code §18.2-248.1(a)(3)) is punished with 5-30 years in prison.

Enhanced Punishment for Multiple Felony Charges of Distribution of Marijuana in Virginia

A third felony conviction for distribution of marijuana in Virginia is punished with a mandatory minimum, consecutive sentence of 5 years up to life in prison and a fine up to $500,000 under Va. Code §18..2-248.1(d).

Other Distribution of Marijuana in Virginia Charges

• Distribution of 100 Kilograms or More of Mixture or Substance Containing Marijuana (Va.
  

  Distribution of Marijuana on or Near School Property in Virginia Can Be Punished with Several Years in Prison

  Code §18.2-248(H)(4)): Distributing more than 100 kilograms of a mixture or substance containing marijuana in Virginia is punished with a mandatory minimum, consecutive sentence of 20 years up to life in prison and a fine up to $1,000,000.

• Distribution of Marijuana to a Prisoner (Va. Code §18.2-474.1): Distributing marijuana to a prisoner in Virginia is a Class 5 felony, punished with up to 5 years in prison and a fine up to $2,500.
• Distributing Marijuana to a Minor (Va. Code §18.2-255(A)): An offender over the age of 18 who distributes marijuana to a minor who is at least three years younger faces 10-50 years in prison and a fine up to $100,000. There is a mandatory minimum of 2 years in prison if the offender distributed less than one ounce of marijuana, and a mandatory minimum of 5 years if the offender distributed one ounce or more of marijuana.
• Causing A Minor to Assist in Distribution of Marijuana in Virginia (Va. Code §18.2-255(A)): An offender over the age of 18 who causes a minor to assist in the distribution of marijuana in Virginia also faces 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 a 5 year mandatory minimum sentence if the offense involved distribution of more than one ounce of marijuana.
• Distribution of Marijuana in Virginia Occurring on or Near School and Public Property (Va. Code §18.2-255.2): Distributing marijuana on or near school or public property is a 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. 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 penalty is in addition to, and can be served consecutively with, any other drug charges.
• Conspiracy to Distribute Marijuana (Va. Code §18.2-256): 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.
• Attempted Distribution of Marijuana in Virginia (Va. Code §18.2-257): Attempting to commit felony marijuana distribution is punished with 1-10 years in prison under Va. Code §18.2-257(A). However, if the offender attempted to commit felony marijuana distribution 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 distribution is a Class 2 misdemeanor under Va. Code §18.2-257(B).
• Continuing Criminal Enterprise Involving Distribution of Marijuana in Virginia (Va. Code §18.2-248(H1)): An offender faces a mandatory minimum of 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 distribution of marijuana or if he is engaged in the enterprise to distribute between 100 kilograms and 250kilograms of a substance containing marijuana during a 12 month period. He faces a life sentence with no suspended time 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 distribution of marijuana or if he was engaged in the enterprise to distribute more than 250 kilograms of a substance containing marijuana (Va. Code §18.2-248(H2)).
• Possession or Use of Firearm While Distributing Marijuana (Va. Code §18.2-308.4): Possessing, using, or attempting to use a pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while distributing or attempting to distribute more than one pound of marijuana is a Class 6 felony. This crime is a separate and distinct offense. There is a mandatory minimum, consecutive prison sentence of 5 years that is addition to any punishment received for the underlying drug crime.

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