Marijuana Charges

Virginia marijuana charges include possession with intent to distribute, distribution, manufacturing, and importation, among others. Additionally, an offender can receive separate charges with mandatory minimum and consecutive sentences for Virginia marijuana charges occurring on school or public property, marijuana charges involving minors, or possessing a firearm while possessing large amounts of marijuana.

Virginia marijuana charges can be misdemeanors or felonies, and they are punished with jail and fines. Additionally, convictions for Virginia marijuana charges can affect employment, educational opportunities, security clearances, and could have immigration consequences for anyone who is not a United States citizen.

Marijuana Possession Charges

Simple Possession of Marijuana is no longer a crime in Virginia.

Possession with Intent to Distribute Marijuana

Va. Code §18.2-248.1 criminalizes possession of marijuana with the intent to sell, give, or distribute. Virginia marijuana charges involving possession with intent to distribute are charged as misdemeanors or felonies based on the amount of marijuana found.  Third and subsequent offenses have increased penalties.

• Possession of less than one ounce of marijuana with intent to distribute is a Class 1 misdemeanor (Va. Code §18.2-248.1(a)(1))
• Possession of more than one ounce but less than 5 pounds with intent to distribute is a Class 5 felony (Va. Code §18.2-248.1(a)(2)) 
• Possession of more than 5 pounds of marijuana with intent to distribute is a felony punished with 5-30 years in prison (Va. Code §18.2-248.1(a)(3))
• Possession of more than 100 kilograms of a mixture or substance containing marijuana in Virginia with intent to distribute is punished with a mandatory minimum, consecutive sentence of 20 years up to life in prison and a fine up to $1,000,000 (Va. Code §18.2-248(H)(4))

For more information on Virginia marijuana charges involving possession with intent to distribute, click here.

Marijuana Distribution Charges

Distribution of marijuana in Virginia (Va. Code §18.2-248.1) is interpreted broadly and covers almost any transfer, sale, or gift of marijuana. The punishment for Virginia marijuana charges involving distribution depends on the weight of the marijuana.  Third and subsequent offenses have increased penalties.

• Distribution of less than one ounce of marijuana is punished with up to 12 months in jail and a fine up to $2,500 (Va. Code §18.2-248.1(a)(1))
• Distribution of more than one ounce but less than 5 pounds of marijuana is punished with up to 5 years in prison and a fine up to $2,500 (Va. Code §18.2-248.1(a)(2))
• Distribution of more than 5 pounds of marijuana in Virginia is punished with 5-30 years in prison (Va. Code §18.2-248.1(a)(3))
• 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 (Va. Code §18.2-248(H)(4))

For more information on Virginia marijuana charges involving distribution, click here.

Manufacturing Marijuana Charges

Manufacturing marijuana in Virginia (Va. Code §18.2-248.1(C)) is punished with 5-30 years in prison and a fine up to $10,000. 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 100 kilograms or more 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 (Va. Code §18.2-248(H)).

For more information on Virginia marijuana charges relating to manufacturing, click here.

Marijuana Importation Charges

Importation of more than 5 pounds of marijuana into the Commonwealth of Virginia with the intent to distribute is punished by 5-40 years in prison with a three year mandatory minimum and a fine of up to $1,000,000 (Va. Code §18.2-248.01).  A second or subsequent offense results in a 10 year mandatory minimum prison sentence.  For more information on Virginia importation of marijuana charges, click here.

Virginia Marijuana Charges on School or Public Property

Distributing, manufacturing, or possessing with intent to distribute 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 property covered by this statute includes schools, 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.

Marijuana Offenses Involving Minors

Distributing Marijuana to a Minor (Va. Code §18.2-255(A)) is punished with 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)) is also punished with 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.

Marijuana Charges Involving Prisoners

Possession of marijuana by a prisoner in Virginia (Va. Code §53.1-203.6) is a Class 5 felony, punished with up to 5 years in prison and a fine up to $2,500. Distribution of marijuana to a prisoner (Va. Code §18.2-474.1) is also a Class 5 felony.

Virginia Marijuana Charges Involving Continuing Criminal Enterprise

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, manufacture, or importation of marijuana or if he is engaged in the enterprise to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute between 100 kilograms and 250 kilograms of a substance containing marijuana during a 12 month period (Va. Code §18.2-248(H1)). Receiving more than $250,000 in gross receipts during a 12 month period or possessing more than 250 kilograms with intent to distribute during a 12 month period is punished with a life sentence and a fine up to $1,000,000 (Va. Code §18.2-248(H2)).

Possession or Use of Firearm and Marijuana Charges

Possessing, using, or attempting to use a firearm or displaying a firearm in a threatening manner while distributing, manufacturing, selling, or possessing more than one pound of marijuana with intent to distribute, sell or manufacture in is a Class 6 felony under Va. Code §18.2-308.4. The offense is also committed by possessing, using, attempting to use, or displaying a firearm in a threatening manner while attempting to commit one of the above crimes. This crime is a separate and distinct offense. There is a mandatory minimum, consecutive prison sentence of 5 years IN ADDITION TO to any punishment received for the underlying drug crime.

Conspiracy to Commit Marijuana Offense

Va. Code §18.2-256 states that any person who conspires to commit a 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 Commit Marijuana Offense

Attempting to commit a marijuana felony offense in Virginia is punished with 1-10 years in prison (Va. Code §18.2-257(A).  However, if the offender attempted to commit a felony marijuana offense 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 offense is a Class 2 misdemeanor (Va. Code §18.2-257(B)).

 

***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***