Importation of Schedule II Controlled Substance in Virginia

April 17, 2016 by Jean Humbrecht

importation of Schedule II controlled substance in VirginiaThe charge of Importation of Schedule II Controlled substance in Virginia is charged under Va. Code §18.2-248.01. The statute criminalizes transporting more than one ounce of a Schedule II Controlled substance into Virginia with the intent to distribute.

Proof of Importation of Schedule II Controlled Substance in Virginia

To convict an offender of Importation of Schedule II Controlled Substance in Virginia, the Commonwealth needs to prove that the offender transported more than one ounce of a Schedule II Controlled Substance into Virginia with the intent to distribute.

  • Transportation: The Commonwealth must prove that the offender transported the Schedule II Controlled Substance into Virginia.  Va. Code §18.2-248.01 states that transportation can be “by any means,” which includes driving and mailing.
  • Intent to Distribute: Intent to distribute a controlled substance in Virginia can be proven with an offender’s statements or admissions.  However, intent to distribute is usually proven with circumstantial evidence, which includes finding a firearm, a large amount of cash, or drug selling paraphernalia.  For more information on how the Commonwealth can prove intent to distribute a controlled substance in Virginia, click here.
  • Schedule II Controlled Substance: The Commonwealth must prove that the substance was a Schedule II controlled substance as described in Va. Code §54.1-3448.  For more information on Schedule II Controlled Substances in Virginia, click here.
  • One Ounce or More: To be convicted under §18.2-248.01, the Commonwealth must also prove that the offender transported more than ounce of a Schedule II controlled substance into Virginia.
Penalty for Importation of Schedule II Controlled Substance in Virginia

A first offense Importation of Schedule II Controlled Substance in Virginia is punished with a mandatory minimum of 3 years up to 40 years in prison and a fine as high as $1,000,000.  A second offense is punished with a mandatory minimum, consecutive sentence of 10 years in prison with a maximum of 40 years and a fine as high as $1,000,000.

Importation of Schedule II Controlled Substance in Virginia 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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