{"id":376944,"date":"2018-05-31T12:07:42","date_gmt":"2018-05-31T17:07:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-drug-distribution-laws.html"},"modified":"2024-11-04T08:54:25","modified_gmt":"2024-11-04T13:54:25","slug":"virginia-drug-distribution-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-drug-distribution-laws.html","title":{"rendered":"Virginia Drug Distribution Laws"},"content":{"rendered":"\n
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Virginia Drug Distribution Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Like most states, Virginia’s tolerance for drug possession does not extend to the sale, manufacture, or distribution of illegal drugs. A few drugs, like methamphetamine, have additional penalties known as enhancements for possession for sale. These can apply to other aggravating factors<\/a> as well. Others, like marijuana, have separate statutes for types of prohibited sales.<\/p>\r\n

Virginia takes a serious stance on drug charges. Many drug distribution and sales charges have mandatory minimums. Prison sentences of five years and higher for distribution or manufacture are standard for second offenses.<\/p>\r\n

The best way to avoid a felony offense for drug sales is not to sell drugs. However, some drug offenses become possession for sale based on the amount you have. This article reviews Virginia’s drug laws and explains some of the details of the Drug Control Act<\/a> in the Commonwealth of Virginia.<\/p>\r\n

Virginia Drug Distribution Laws<\/b><\/h2>\r\n

Virginia’s laws let judges decide if a transfer of drugs was an exchange for money, other considerations, or a sharing of goods. Courts treat sales for profit as a more serious offense than handing a joint to a buddy at a concert.<\/p>\r\n

Courts base sentences for drug charges on the amount of the substance and its classification or schedule. Virginia law follows the federal Controlled Substances Act and schedules drugs according to their medical use, risk of abuse, and safety.<\/p>\r\n

Courts infer intent to manufacture<\/a> from the presence of precursor chemicals. Chemists can make some drugs, like methamphetamine, in a simple home lab with other items. The statute considers the possession of these chemicals worthy of the same felony charge as having the finished product.<\/p>\r\n

Charges & Penalties<\/b><\/h2>\r\n

The penalties for selling, manufacturing, or distributing drugs vary based on the type of drug. Like most states, Virginia classifies drugs into schedules.<\/p>\r\n

Schedules I and II<\/h3>\r\n

Charges for sale, distribution, manufacturing, or possession with intent for any Schedule I or Schedule II drug are all felonies<\/a>.<\/p>\r\n