Manufacturing Marijuana

 

Manufacturing marijuana in Virginia (or growing marijuana) is punished with 5-30 years in prison and a fine as high as $10,000 under Va. Code §18.2-248.1(c).  A third or subsequent felony offense of manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give or distribute marijuana is punished with a mandatory minimum, consecutive sentence of 5 years up to life in prison and a fine up to $500,000.

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

Other Charges Involving Manufacturing Marijuana in Virginia

Continuing Criminal Enterprise Involving Manufacturing Marijuana in Virginia

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 manufacture of marijuana or if he is engaged in the enterprise to manufacture at least 100 kilograms but not more than 250 kilograms of a substance containing marijuana during a 12 month period (Va. Code §18.2-248(H1)).  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 manufacture of marijuana or if he was engaged in the enterprise to manufacture more than 250 kilograms of a substance containing marijuana (Va. Code §18.2-248(H2)).

Manufacturing Marijuana in Virginia on or Near School and Public Property

Manufacturing 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.  The property covered by this statute include school, 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.

Possession or Use of Firearm While Manufacturing Marijuana in Virginia

Possessing, using, or attempting to use a pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while manufacturing marijuana in Virginia or attempting to manufacture marijuana in Virginia involving more than one pound of marijuana is a Class 6 felony (Va. Code §18.2-308.4).  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.

Conspiracy to Manufacture Marijuana in Virginia

Va. Code §18.2-256 states that any person who conspires to commit any drug offense in Virginia 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.

Attempt to Manufacture Marijuana in Virginiahu

Attempting to manufacture marijuana in Virginia is punished with 1-10 years in prison under Va. Code §18.2-257(A).

 

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***