Third Offense Marijuana Possession with Intent to Distribute in Virginia

Marijuana possession with intent to distribute in Virginia is charged as a misdemeanor or felony, depending on the amount of marijuana found.  These charges are punished with jail and fines.  A third felony offense adds increased minimum penalties, and could be punished with up to LIFE in prison.

This is the final post in a 3 part series discussing the penalties for multiple convictions for marijuana possession with intent to distribute in Virginia.  This post focuses on the penalties for a third offense marijuana possession with intent to distribute in Virginia.  For more information on a first offense marijuana possession with intent to distribute in Virginia, click here.  For information on a second offense marijuana possession with intent to distribute in Virginia, click here.

Proof of Third Offense Marijuana Possession with Intent to Distribute in Virginia

To convict an offender for marijuana possession with intent to distribute in Virginia, the Commonwealth must prove that he knowingly and intentionally possessed marijuana, the substance was in fact marijuana, and that he intended to distribute the marijuana.  Additionally,  for the enhanced sentencing under Va. Code §18.2-248.1(d), the Commonwealth must prove that the current charge is a third FELONY violation of Va. Code §18.2-248.1.

• Possession: The Commonwealth must prove that the offender knowingly and intentionally possessed marijuana.  This means that he knew what the substance was, where it was located, and exerted dominion and control over it.  For more information of proof of marijuana possession in Virginia, click here.
• Marijuana: The Commonwealth must also prove that the alleged marijuana is in fact marijuana.  This is usually done with results from field tests performed when the marijuana was found and lab tests conducted later.
• Intent to Distribute: Conviction for §18.2-248.1(d) requires proof that the offender intended to distribute the marijuana.  This is usually done with circumstantial evidence, such as the presence of a large amount of cash, a firearm, baggies, scales, a lack of evidence the offender personally used the drugs, and even prior possession with intent to distribute offenses.  For more information on how the Commonwealth can prove intent to distribute, click here.
• Third Offense: To be punished under the enhanced penalty provision of Va. Code §18.2-248.1, the Commonwealth must include in the indictment that the current charge is a third offense and that the prior 2 convictions were felony violations of §18.2-248.1.  This means that if the offender has any combination of prior felony possession with intent to distribute, possession with intent to manufacture, distribution, or manufacture charges, he can be charged with a third offense and subject to the increased penalties.

Penalties for Third Offense Marijuana Possession with Intent to Distribute in Virginia

Marijuana possession with intent to distribute in Virginia is punished with jail, fines, and driver’s license suspension.  Possession of less than one ounce with intent to distribute is always a misdemeanor in Virginia.  Marijuana possession with intent to distribute in Virginia of more than one ounce with intent to distribute is a felony.  A third felony violation of §18.2-248.1 will have increased prison sentences and fines.  The offender will be punished with a minimum of 5 years in prison and up to life in prison, as well as a fine up to $500,000.

• Possession with Intent to Distribute Less Than One Ounce (Va. Code §18.2-248.1(a)): A third offense Marijuana Possession with Intent to Distribute in Virginia Less Than One Ounce is always a misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension.
• Possession with Intent to Distribute More Than One Ounce But Less Than 5 Pounds (Va. Code §18.2-248.1(a)(2)): A third offense marijuana possession with intent to distribute in Virginia between one ounce and 5 pounds is a felony.  If the two prior convictions were felony violations of §18.2-248.1, the offender will be punished with the enhanced penalties under Va. Code §18.2-248.1(d).  These enhanced penalties include a mandatory minimum of 5 years in prison and up to LIFE in prison.  This offense is also punished with a fine up to $500,000.
• Possession with Intent to Distribute More than 5 Pounds (Va. Code §18.2-248.1(a)(3)): A third offense marijuana possession with intent to distribute in Virginia more than 5 pounds of marijuana is punished with 5 years to life in prison and a fine up to $500,000.  The offender can be sentenced to this enhanced penalty if he had two prior convictions of possessing more than 5 pounds of marijuana with intent to distribute, or any other combination of felony violations of §18.2-248.1 (felony possession with intent to distribute, felony distribution, felony possession with intent to manufacture, or felony manufacturing), he will be punished with 5 years to LIFE in prison.  He also faces a fine up to $500,000.

Marijuana Possession with Intent to Distribute in Virginia Statute

§ 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.

Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.

(a) Any person who violates this section with respect to:

(1) Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;

(2) More than one ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;

(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.

If such person proves that he gave, distributed or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor.

(b) Any person who gives, distributes or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof shall be guilty of a Class 4 felony.

(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.

(d) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.

 

 

***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***