| § 18.2-248 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-248
Drug Law in Virginia 18.2-248
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Manufacturing, selling, giving, distributing, or possessing with intent to
manufacture, sell, give, or distribute a controlled substance or an imitation
controlled substance prohibited; penalties.
manufacture, sell, give, or distribute a controlled substance or an imitation
controlled substance prohibited; penalties.
A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it shall be
unlawful for any person to manufacture, sell, give, distribute, or possess with
intent to manufacture, sell, give or distribute a controlled substance or an
imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give or
distribute an imitation controlled substance, the court may consider, in addition
to all other relevant evidence, whether any distribution or attempted distribution
of such pill, capsule, tablet or substance in any other form whatsoever included
an exchange of or a demand for money or other property as consideration, and,
if so, whether the amount of such consideration was substantially greater than
the reasonable value of such pill, capsule, tablet or substance in any other form
whatsoever, considering the actual chemical composition of such pill, capsule,
tablet or substance in any other form whatsoever and, where applicable, the
price at which over-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this section
with respect to a controlled substance classified in Schedule I or II shall upon
conviction be imprisoned for not less than five nor more than 40 years and
fined not more than $500,000. Upon a second or subsequent conviction of
such a violation, any such person may, in the discretion of the court or jury
imposing the sentence, be sentenced to imprisonment for life or for any period
not less than five years and be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under this
subsection and it is alleged in the warrant, indictment or information that he
has been before convicted of two or more such offenses 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 a period of 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.
Any person who manufactures, sells, gives, distributes or possesses with the
intent to manufacture, sell, give, or distribute the following is guilty of a felony
punishable by a fine of not more than $1 million and imprisonment for five
years to life, five years of which shall be a mandatory minimum term of
imprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable
amount of heroin;
2. 500 grams or more of a mixture or substance containing a detectable
amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation that contains any quantity of any of the
substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2a
through 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of its
isomers or 20 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers.
The mandatory minimum term of imprisonment to be imposed for a violation of
this subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed in
subsection C of § 17.1-805;
b. The person did not use violence or credible threats of violence or possess a
firearm or other dangerous weapon in connection with the offense or induce
another participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of others in
the offense, and was not engaged in a continuing criminal enterprise as
defined in subsection I; and
e. Not later than the time of the sentencing hearing, the person has truthfully
provided to the Commonwealth all information and evidence the person has
concerning the offense or offenses that were part of the same course of
conduct or of a common scheme or plan, but the fact that the person has no
relevant or useful other information to provide or that the Commonwealth
already is aware of the information shall not preclude a determination by the
court that the defendant has complied with this requirement.
C1. Any person who violates this section with respect to the manufacturing of
methamphetamine, its salts, isomers, or salts of its isomers or less than 200
grams of a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers shall, upon
conviction, be imprisoned for not less than 10 nor more than 40 years and fined
not more than $500,000. Upon a second conviction of such a violation, any
such person may, in the discretion of the court or jury imposing the sentence,
be sentenced to imprisonment for life or for any period not less than 10 years,
and be fined not more than $500,000. When a person is convicted of a third or
subsequent offense under this subsection and it is alleged in the warrant,
indictment, or information that he has been previously convicted of two or more
such offenses 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
a period not less than 10 years, three 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. Upon conviction, in
addition to any other punishment, a person found guilty of this offense shall be
ordered by the court to make restitution, as the court deems appropriate, to any
innocent property owner whose property is damaged, destroyed, or otherwise
rendered unusable as a result of such methamphetamine production. This
restitution may include the person's or his estate's estimated or actual
expenses associated with cleanup, removal, or repair of the affected property.
D. If such person proves that he gave, distributed or possessed with intent to
give or distribute a controlled substance classified in Schedule I or II only as an
accommodation to another individual who is not an inmate in a community
correctional facility, local correctional facility or state correctional facility as
defined in § 53.1-1 or in the custody of an employee thereof, and not with intent
to profit thereby from any consideration received or expected nor to induce the
recipient or intended recipient of the controlled substance to use or become
addicted to or dependent upon such controlled substance, he shall be guilty of
a Class 5 felony.
E. If the violation of the provisions of this article consists of the filling by a
pharmacist of the prescription of a person authorized under this article to issue
the same, which prescription has not been received in writing by the
pharmacist prior to the filling thereof, and such written prescription is in fact
received by the pharmacist within one week of the time of filling the same, or if
such violation consists of a request by such authorized person for the filling by
a pharmacist of a prescription which has not been received in writing by the
pharmacist and such prescription is, in fact, written at the time of such request
and delivered to the pharmacist within one week thereof, either such offense
shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a controlled substance
classified in Schedule III except for an anabolic steroid classified in Schedule
III, constituting a violation of § 18.2-248.5, shall be guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a controlled substance
classified in Schedule IV shall be guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with the
intent to give or distribute a controlled substance classified in Schedule III or IV,
except for an anabolic steroid classified in Schedule III, constituting a violation
of § 18.2-248.5, only as an accommodation to another individual who is not an
inmate in a community correctional facility, local correctional facility or state
correctional facility as defined in § 53.1-1 or in the custody of an employee
thereof, and not with the intent to profit thereby from any consideration received
or expected nor to induce the recipient or intended recipient of the controlled
substance to use or become addicted to or dependent upon such controlled
substance, is guilty of a Class 1 misdemeanor.
F. Any person who violates this section with respect to a controlled substance
classified in Schedule V or an imitation controlled substance which imitates a
controlled substance classified in Schedule V, shall be guilty of a Class 1
misdemeanor.
G. Any person who violates this section with respect to an imitation controlled
substance which imitates a controlled substance classified in Schedule I, II, III
or IV shall be guilty of a Class 6 felony. In any prosecution brought under this
subsection, it is not a defense to a violation of this subsection that the
defendant believed the imitation controlled substance to actually be a
controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses with
the intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectable
amount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectable
amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2
which contains cocaine base;
4. 100 kilograms or more of a mixture or substance containing a detectable
amount of marijuana; or
5. 100 grams or more of methamphetamine, its salts, isomers, or salts of its
isomers or 200 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers shall be guilty of a felony punishable by a fine of not more than $1
million and imprisonment for 20 years to life, 20 years of which shall be a
mandatory minimum sentence. Such mandatory minimum sentence shall not
be applicable if the court finds that (i) the person does not have a prior
conviction for an offense listed in subsection C of § 17.1-805; (ii) the person did
not use violence or credible threats of violence or possess a firearm or other
dangerous weapon in connection with the offense or induce another participant
in the offense to do so; (iii) the offense did not result in death or serious bodily
injury to any person; (iv) the person was not an organizer, leader, manager, or
supervisor of others in the offense, and was not engaged in a continuing
criminal enterprise as defined in subsection I of this section; and (v) not later
than the time of the sentencing hearing, the person has truthfully provided to
the Commonwealth all information and evidence the person has concerning
the offense or offenses that were part of the same course of conduct or of a
common scheme or plan, but the fact that the person has no relevant or useful
other information to provide or that the Commonwealth already is aware of the
information shall not preclude a determination by the court that the defendant
has complied with this requirement.
H1. Any person who was the principal or one of several principal
administrators, organizers or leaders of a continuing criminal enterprise shall
be guilty of a felony if (i) the enterprise received at least $100,000 but less than
$250,000 in gross receipts during any 12-month period of its existence from
the manufacture, importation, or distribution of heroin or cocaine or ecgonine or
methamphetamine or the derivatives, salts, isomers, or salts of isomers
thereof or marijuana or (ii) the person engaged in the enterprise to
manufacture, sell, give, distribute or possess with the intent to manufacture,
sell, give or distribute the following during any 12-month period of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance
containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture or substance
containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture or substance
described in subdivision 2 which contains cocaine base;
4. At least 100 kilograms but less than 250 kilograms of a mixture or substance
containing a detectable amount of marijuana; or
5. At least 100 grams but less than 250 grams of methamphetamine, its salts,
isomers, or salts of its isomers or at least 200 grams but less than 1.0
kilograms of a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not more than
$1 million and imprisonment for 20 years to life, 20 years of which shall be a
mandatory minimum sentence.
H2. Any person who was the principal or one of several principal
administrators, organizers or leaders of a continuing criminal enterprise if (i)
the enterprise received $250,000 or more in gross receipts during any
12-month period of its existence from the manufacture, importation, or
distribution of heroin or cocaine or ecgonine or methamphetamine or the
derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the
person engaged in the enterprise to manufacture, sell, give, distribute or
possess with the intent to manufacture, sell, give or distribute the following
during any 12-month period of its existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectable
amount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectable
amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision 2
which contains cocaine base;
4. At least 250 kilograms of a mixture or substance containing a detectable
amount of marijuana; or
5. At least 250 grams of methamphetamine, its salts, isomers, or salts of its
isomers or at least 1.0 kilograms of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers shall be guilty of a felony punishable by a fine of not more than $1
million and imprisonment for life, which shall be served with no suspension in
whole or in part. Such punishment shall be made to run consecutively with any
other sentence. However, the court may impose a mandatory minimum
sentence of 40 years if the court finds that the defendant substantially
cooperated with law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminal
enterprise if (i) he violates any provision of this section, the punishment for
which is a felony and either (ii) such violation is a part of a continuing series of
violations of this section which are undertaken by such person in concert with
five or more other persons with respect to whom such person occupies a
position of organizer, a supervisory position, or any other position of
management, and from which such person obtains substantial income or
resources or (iii) such violation is committed, with respect to
methamphetamine or other controlled substance classified in Schedule I or II,
for the benefit of, at the direction of, or in association with any criminal street
gang as defined in § 18.2-46.1.
J. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any
person who possesses any two or more different substances listed below with
the intent to manufacture methamphetamine, methcathinone or amphetamine
is guilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus
acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or
tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus,
methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid,
sodium hydroxide, potassium dichromate, sodium dichromate, potassium
permanganate, chromium trioxide, methylbenzene, methamphetamine
precursor drugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article,
means a drug or product containing ephedrine, pseudoephedrine, or
phenylpropanolamine or any of their salts, optical isomers, or salts of optical
isomers.
(Code 1950, § 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586; 1975, cc.
14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435; 1982, cc.
276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82; 1991, c. 13;
1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc. 1020, 1041; 2004,
c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697, 759.)
unlawful for any person to manufacture, sell, give, distribute, or possess with
intent to manufacture, sell, give or distribute a controlled substance or an
imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give or
distribute an imitation controlled substance, the court may consider, in addition
to all other relevant evidence, whether any distribution or attempted distribution
of such pill, capsule, tablet or substance in any other form whatsoever included
an exchange of or a demand for money or other property as consideration, and,
if so, whether the amount of such consideration was substantially greater than
the reasonable value of such pill, capsule, tablet or substance in any other form
whatsoever, considering the actual chemical composition of such pill, capsule,
tablet or substance in any other form whatsoever and, where applicable, the
price at which over-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this section
with respect to a controlled substance classified in Schedule I or II shall upon
conviction be imprisoned for not less than five nor more than 40 years and
fined not more than $500,000. Upon a second or subsequent conviction of
such a violation, any such person may, in the discretion of the court or jury
imposing the sentence, be sentenced to imprisonment for life or for any period
not less than five years and be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under this
subsection and it is alleged in the warrant, indictment or information that he
has been before convicted of two or more such offenses 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 a period of 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.
Any person who manufactures, sells, gives, distributes or possesses with the
intent to manufacture, sell, give, or distribute the following is guilty of a felony
punishable by a fine of not more than $1 million and imprisonment for five
years to life, five years of which shall be a mandatory minimum term of
imprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable
amount of heroin;
2. 500 grams or more of a mixture or substance containing a detectable
amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation that contains any quantity of any of the
substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2a
through 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of its
isomers or 20 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers.
The mandatory minimum term of imprisonment to be imposed for a violation of
this subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed in
subsection C of § 17.1-805;
b. The person did not use violence or credible threats of violence or possess a
firearm or other dangerous weapon in connection with the offense or induce
another participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of others in
the offense, and was not engaged in a continuing criminal enterprise as
defined in subsection I; and
e. Not later than the time of the sentencing hearing, the person has truthfully
provided to the Commonwealth all information and evidence the person has
concerning the offense or offenses that were part of the same course of
conduct or of a common scheme or plan, but the fact that the person has no
relevant or useful other information to provide or that the Commonwealth
already is aware of the information shall not preclude a determination by the
court that the defendant has complied with this requirement.
C1. Any person who violates this section with respect to the manufacturing of
methamphetamine, its salts, isomers, or salts of its isomers or less than 200
grams of a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers shall, upon
conviction, be imprisoned for not less than 10 nor more than 40 years and fined
not more than $500,000. Upon a second conviction of such a violation, any
such person may, in the discretion of the court or jury imposing the sentence,
be sentenced to imprisonment for life or for any period not less than 10 years,
and be fined not more than $500,000. When a person is convicted of a third or
subsequent offense under this subsection and it is alleged in the warrant,
indictment, or information that he has been previously convicted of two or more
such offenses 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
a period not less than 10 years, three 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. Upon conviction, in
addition to any other punishment, a person found guilty of this offense shall be
ordered by the court to make restitution, as the court deems appropriate, to any
innocent property owner whose property is damaged, destroyed, or otherwise
rendered unusable as a result of such methamphetamine production. This
restitution may include the person's or his estate's estimated or actual
expenses associated with cleanup, removal, or repair of the affected property.
D. If such person proves that he gave, distributed or possessed with intent to
give or distribute a controlled substance classified in Schedule I or II only as an
accommodation to another individual who is not an inmate in a community
correctional facility, local correctional facility or state correctional facility as
defined in § 53.1-1 or in the custody of an employee thereof, and not with intent
to profit thereby from any consideration received or expected nor to induce the
recipient or intended recipient of the controlled substance to use or become
addicted to or dependent upon such controlled substance, he shall be guilty of
a Class 5 felony.
E. If the violation of the provisions of this article consists of the filling by a
pharmacist of the prescription of a person authorized under this article to issue
the same, which prescription has not been received in writing by the
pharmacist prior to the filling thereof, and such written prescription is in fact
received by the pharmacist within one week of the time of filling the same, or if
such violation consists of a request by such authorized person for the filling by
a pharmacist of a prescription which has not been received in writing by the
pharmacist and such prescription is, in fact, written at the time of such request
and delivered to the pharmacist within one week thereof, either such offense
shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a controlled substance
classified in Schedule III except for an anabolic steroid classified in Schedule
III, constituting a violation of § 18.2-248.5, shall be guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a controlled substance
classified in Schedule IV shall be guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with the
intent to give or distribute a controlled substance classified in Schedule III or IV,
except for an anabolic steroid classified in Schedule III, constituting a violation
of § 18.2-248.5, only as an accommodation to another individual who is not an
inmate in a community correctional facility, local correctional facility or state
correctional facility as defined in § 53.1-1 or in the custody of an employee
thereof, and not with the intent to profit thereby from any consideration received
or expected nor to induce the recipient or intended recipient of the controlled
substance to use or become addicted to or dependent upon such controlled
substance, is guilty of a Class 1 misdemeanor.
F. Any person who violates this section with respect to a controlled substance
classified in Schedule V or an imitation controlled substance which imitates a
controlled substance classified in Schedule V, shall be guilty of a Class 1
misdemeanor.
G. Any person who violates this section with respect to an imitation controlled
substance which imitates a controlled substance classified in Schedule I, II, III
or IV shall be guilty of a Class 6 felony. In any prosecution brought under this
subsection, it is not a defense to a violation of this subsection that the
defendant believed the imitation controlled substance to actually be a
controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses with
the intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectable
amount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectable
amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2
which contains cocaine base;
4. 100 kilograms or more of a mixture or substance containing a detectable
amount of marijuana; or
5. 100 grams or more of methamphetamine, its salts, isomers, or salts of its
isomers or 200 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers shall be guilty of a felony punishable by a fine of not more than $1
million and imprisonment for 20 years to life, 20 years of which shall be a
mandatory minimum sentence. Such mandatory minimum sentence shall not
be applicable if the court finds that (i) the person does not have a prior
conviction for an offense listed in subsection C of § 17.1-805; (ii) the person did
not use violence or credible threats of violence or possess a firearm or other
dangerous weapon in connection with the offense or induce another participant
in the offense to do so; (iii) the offense did not result in death or serious bodily
injury to any person; (iv) the person was not an organizer, leader, manager, or
supervisor of others in the offense, and was not engaged in a continuing
criminal enterprise as defined in subsection I of this section; and (v) not later
than the time of the sentencing hearing, the person has truthfully provided to
the Commonwealth all information and evidence the person has concerning
the offense or offenses that were part of the same course of conduct or of a
common scheme or plan, but the fact that the person has no relevant or useful
other information to provide or that the Commonwealth already is aware of the
information shall not preclude a determination by the court that the defendant
has complied with this requirement.
H1. Any person who was the principal or one of several principal
administrators, organizers or leaders of a continuing criminal enterprise shall
be guilty of a felony if (i) the enterprise received at least $100,000 but less than
$250,000 in gross receipts during any 12-month period of its existence from
the manufacture, importation, or distribution of heroin or cocaine or ecgonine or
methamphetamine or the derivatives, salts, isomers, or salts of isomers
thereof or marijuana or (ii) the person engaged in the enterprise to
manufacture, sell, give, distribute or possess with the intent to manufacture,
sell, give or distribute the following during any 12-month period of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance
containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture or substance
containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture or substance
described in subdivision 2 which contains cocaine base;
4. At least 100 kilograms but less than 250 kilograms of a mixture or substance
containing a detectable amount of marijuana; or
5. At least 100 grams but less than 250 grams of methamphetamine, its salts,
isomers, or salts of its isomers or at least 200 grams but less than 1.0
kilograms of a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not more than
$1 million and imprisonment for 20 years to life, 20 years of which shall be a
mandatory minimum sentence.
H2. Any person who was the principal or one of several principal
administrators, organizers or leaders of a continuing criminal enterprise if (i)
the enterprise received $250,000 or more in gross receipts during any
12-month period of its existence from the manufacture, importation, or
distribution of heroin or cocaine or ecgonine or methamphetamine or the
derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the
person engaged in the enterprise to manufacture, sell, give, distribute or
possess with the intent to manufacture, sell, give or distribute the following
during any 12-month period of its existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectable
amount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectable
amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of
the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision 2
which contains cocaine base;
4. At least 250 kilograms of a mixture or substance containing a detectable
amount of marijuana; or
5. At least 250 grams of methamphetamine, its salts, isomers, or salts of its
isomers or at least 1.0 kilograms of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers shall be guilty of a felony punishable by a fine of not more than $1
million and imprisonment for life, which shall be served with no suspension in
whole or in part. Such punishment shall be made to run consecutively with any
other sentence. However, the court may impose a mandatory minimum
sentence of 40 years if the court finds that the defendant substantially
cooperated with law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminal
enterprise if (i) he violates any provision of this section, the punishment for
which is a felony and either (ii) such violation is a part of a continuing series of
violations of this section which are undertaken by such person in concert with
five or more other persons with respect to whom such person occupies a
position of organizer, a supervisory position, or any other position of
management, and from which such person obtains substantial income or
resources or (iii) such violation is committed, with respect to
methamphetamine or other controlled substance classified in Schedule I or II,
for the benefit of, at the direction of, or in association with any criminal street
gang as defined in § 18.2-46.1.
J. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any
person who possesses any two or more different substances listed below with
the intent to manufacture methamphetamine, methcathinone or amphetamine
is guilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus
acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or
tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus,
methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid,
sodium hydroxide, potassium dichromate, sodium dichromate, potassium
permanganate, chromium trioxide, methylbenzene, methamphetamine
precursor drugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article,
means a drug or product containing ephedrine, pseudoephedrine, or
phenylpropanolamine or any of their salts, optical isomers, or salts of optical
isomers.
(Code 1950, § 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586; 1975, cc.
14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435; 1982, cc.
276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82; 1991, c. 13;
1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc. 1020, 1041; 2004,
c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697, 759.)