By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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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 as well. Others, like marijuana, have separate statutes for types of prohibited sales.
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.
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 in the Commonwealth of Virginia.
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.
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.
Courts infer intent to manufacture 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.
The penalties for selling, manufacturing, or distributing drugs vary based on the type of drug. Like most states, Virginia classifies drugs into schedules.
Charges for sale, distribution, manufacturing, or possession with intent for any Schedule I or Schedule II drug are all felonies.
There is no personal use quantity for a Schedule I or Schedule II drug. Penalties for sale, distribution, manufacturing, or possession with intent include:
Many Schedule III controlled substances are available with a doctor's prescription. They include codeine, oxycodone, and anabolic steroids. Possession without a prescription is a crime. The same is true for sale or manufacture without a license.
Selling or distributing any amount of a Schedule III substance without a license is illegal. It is a Class 5 felony, punishable by one to 10 years in prison. The court may reduce the charge to a misdemeanor, which carries a maximum sentence of 12 months in jail and a fine of up to $2,500.
Schedule IV controlled substances include prescription sedatives and tranquilizers like Valium and Xanax. Any amount for sale or distribution without a license is a Class 6 felony punishable by one to five years in prison. The court may reduce the charge to a misdemeanor. Penalties include up to 12 months in jail and a fine of up to $2,500.
Individuals who can prove they distributed, gave, or possessed with intent to give (without intent to profit) a Schedule III or Schedule IV substance are guilty of a Class 1 misdemeanor. Violators face up to 12 months in jail and a fine of up to $2,500.
Drug users sometimes use other substances, like inhalants, as intoxicants. Others, like pseudoephedrine, are precursor chemicals. Possession of these substances may not be illegal by themselves, but courts use them to prove intent to distribute or manufacture. Anhydrous ammonia is a fertilizer, but it's also used for methamphetamine manufacture.
Methamphetamine (meth) manufacture involves the use of toxic chemicals. These chemicals permeate any structure's walls, floors, and ceiling, leaving it uninhabitable until after a hazardous materials cleanup. Manufacturers and traffickers must cover the costs of cleanup.
Penalties for manufacturing meth include:
Courts can file drug distribution charges for substances containing specific Schedule I and II drugs. An individual can receive five years to life in prison and a fine of up to $1 million for:
100 grams of baby formula used to cut 10 grams of heroin is possession for distribution under Virginia law. If you're uncertain about the possession charges you're facing, it's a good idea to speak with a Virginia criminal defense attorney.
Virginia legalized the possession and cultivation of marijuana for personal use in 2021. A companion law that would have legalized commercial sales died in the governor's office during a regime change in 2024. Charges for the cultivation, packaging, sale, or distribution of marijuana remain felonies with mandatory minimum sentences:
Like methamphetamine, marijuana has additional penalties beyond possession or sales. In marijuana's case, it is the prevalence of the drug and its proximity to juveniles that gives lawmakers concern. Enhanced penalties include:
Virginia has its own definition of a "continuing criminal enterprise" as it applies to drug possession and distribution. Virginia's continuing criminal enterprise charge is separate from a federal charge of racketeering or criminal enterprise. A continuing criminal enterprise in Virginia has at least one of the following elements:
For instance, two college chemistry majors making meth in their dorm room would not be a "continuing criminal enterprise," although they would be committing several major felonies. Ten buddies growing weed in their basement would be a continuing criminal enterprise. The greater the offense, the greater the chance the federal DEA will get involved.
Note: Virginia state laws are subject to change through the passage of new legislation, court rulings that include federal decisions, ballot initiatives, and other means. It's best to consult an attorney to learn how Virginia law applies to your unique case.
Whether you're facing a first offense for drug crimes or a drug paraphernalia charge, you'll need legal help. An experienced Virginia drug crimes attorney knows how to handle drug distribution offenses. They'll examine your case, explain your options, and guide you through the legal system.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Virginia attorneys offer free consultations.
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