Virginia Drug Distribution Laws
Created by FindLaw's team of legal writers and editors | Last updated June 01, 2018
Drug laws differ quite a bit from one state to the next, especially when you consider how marijuana is legally sold in some states despite federal prohibition (while possession of the herb remains a felony in others). However, most states still come down hard on those charged with the distribution and sale of illicit drugs. Virginia law groups together as the same offense the manufacture, sale, distribution, and possession of drugs with the intent to distribute together as the same offense, depending on the amount of the substance and any other factors (such as involvement in a criminal enterprise).
The state takes drug charges very seriously; for instance, you may be sentenced to a mandatory minimum five-year prison sentence -- and up to life -- for distributing 10 grams or more of methamphetamine. Prior convictions, especially for violent offenses, generally result in much harsher sentences.
Virginia Drug Distribution Laws: The Basics
The severity of drug-related offenses generally corresponds to the amount (in weight) of the substances involved, which are detailed in Virginia's statutes. The following is a plain-English summary of Virginia's drug distribution laws to help you get a handle on the law.
Statute |
Virginia Code: Title 18.2, Section 248 (Manufacturing, Selling, Giving, Distributing, or Possessing with Intent to Manufacture, Sell, Give, or Distribute a Controlled Substance). |
Charges & Penalties: Schedule I or II Controlled Substances |
Schedule I and II substances include heroin, cocaine, and methamphetamine. Charges for the distribution, sale, manufacturing, etc. of these substances are as follows (all felonies): Any amount (excluding methamphetamine):
Methamphetamine specifically (any amount):
Enhanced penalties - Conviction involving the following amounts of certain Schedule I or II drugs is punishable by 5 years to life in prison and a fine of up to $1 million:
Note: Individuals may not be subject to mandatory minimums if there is no history of violent crime or credible threats of violent crime. |
Charges & Penalties: Schedule III or IV Controlled Substances |
Schedule III substances include codeine and other members of the codeine family (in addition to opioids). Charges for the distribution, sale, manufacturing, etc. of these substances (excluding anabolic steroids) are as follows:
Schedule IV substances include Valium, Xanax, and other sedatives and tranquilizers. Charges for the distribution, sale, manufacturing, etc. of these substances (excluding anabolic steroids) are as follows:
Note: Individuals who are able to prove they distributed, gave, or possessed with intent to give (without intent to profit) one of these substances, they are guilty of a Class 1 misdemeanor (up to 12 months in jail and/or fine of up to $2,500). |
Charges & Penalties: Marijuana |
Charges for the distribution, sale, cultivation, etc. of cannabis (i.e. marijuana) are as follows (all felonies, with mandatory minimum sentences):
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Engaging in a Continuing Criminal Enterprise |
Distributing, selling, or manufacturing controlled substances (or possessing substances with the intent to manufacture them) may rise to the level of engaging in a continuing criminal enterprise, a federal offense that carries a penalty of 20 yrs. to life in prison upon conviction. To be considered engaged in a continuing criminal enterprise, the following must be true:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Virginia Drug Distribution Laws: Related Resources
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