Importation of Cocaine in Virginia

Importation of cocaine in Virginia is charged Under Va. Code §248.01.  The statute penalizes transportation of more than one ounce of cocaine into Virginia with the intent to distribute or sell.

Proof of Importation of Cocaine Charge in Virginia

To convict an offender of an importation of cocaine charge in Virginia, the Commonwealth must prove that the offender transported more than one ounce of cocaine into Virginia with the intent to distribute or sell.

• Transportation: The Commonwealth must prove that the offender transported cocaine into the Commonwealth.   Va. Code §18.2-248.01 states that the transportation can be”by any means.”  Any means can include mailing or driving cocaine into Virginia from another state.
• Intent to Sell or Distribute: The Commonwealth must prove intent to sell or distribute the cocaine.  This is usually proven with circumstantial evidence, such as the quantity of cocaine, packaging, the presence of a firearm, pager, large amount of cash, or drug selling paraphernalia. For more information on proof of intent to distribute a controlled substance, click here.
• Cocaine: The Commonwealth must also prove that the substance is cocaine.  However, the statute provides that any substance containing cocaine can be the basis for this charge.  As a result, the Commonwealth can prove that the substance was cocaine or a substance that contained cocaine.
• More Than One Ounce: Finally, to convict an offender of an importation of cocaine charge in Virginia under Va. Code §18.2-248.01, the Commonwealth must prove that the offender transported more than one ounce of cocaine into Virginia (or more than one ounce of a substance containing cocaine.)

Penalty for Importation of Cocaine Charge in Virginia under Va. Code §18.2-248.01

An importation of cocaine charge in Virginia under Va. Code §18.2-248.01 is punished with 5-40 years in prison and a fine up to $1,000,000.  There is a 3 year mandatory minimum prison term.  A second offense is punished with a mandatory minimum of 10 years, to be served consecutively with any other charge.  The offender faces up to 40 years in prison, in addition to a fine up to $1,000,000. Prison sentences for an importation of cocaine charge in Virginia under §18.2-248.01 run consecutive to any other prison sentences.

Importation of Cocaine Charge in Virginia: The Statute

§ 18.2-248.01. Transporting controlled substances into the Commonwealth; penalty.

Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.

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