| § 18.2-248.1 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-248.1
Drug Law in Virginia 18.2-248.1
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Penalties for sale, gift, distribution or possession with intent to sell, give or
distribute marijuana.
distribute marijuana.
Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be
unlawful for any person to sell, give, distribute or possess with intent to sell,
give or distribute marijuana.
(a) Any person who violates this section with respect to:
(1) Not more than one-half ounce of marijuana is guilty of a Class 1
misdemeanor;
(2) More than one-half ounce but not more than five pounds of marijuana is
guilty of a Class 5 felony;
(3) More than five pounds of marijuana is guilty of a felony punishable by
imprisonment of not less than five nor more than 30 years.
If such person proves that he gave, distributed or possessed with intent to give
or distribute marijuana only as an accommodation to another individual and not
with intent to profit thereby from any consideration received or expected nor to
induce the recipient or intended recipient of the marijuana to use or become
addicted to or dependent upon such marijuana, he shall be guilty of a Class 1
misdemeanor.
(b) Any person who gives, distributes or possesses marijuana as an
accommodation and not with intent to profit thereby, to an inmate of a state or
local correctional facility as defined in § 53.1-1, or in the custody of an
employee thereof shall be guilty of a Class 4 felony.
(c) Any person who manufactures marijuana, or possesses marijuana with the
intent to manufacture such substance, not for his own use is guilty of a felony
punishable by imprisonment of not less than five nor more than 30 years and a
fine not to exceed $10,000.
(d) When a person is convicted of a third or subsequent felony offense under
this section and it is alleged in the warrant, indictment or information that he
has been before convicted of two or more felony offenses under this section 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 any period 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.
(1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461; 2006, cc.
697, 759.)
unlawful for any person to sell, give, distribute or possess with intent to sell,
give or distribute marijuana.
(a) Any person who violates this section with respect to:
(1) Not more than one-half ounce of marijuana is guilty of a Class 1
misdemeanor;
(2) More than one-half ounce but not more than five pounds of marijuana is
guilty of a Class 5 felony;
(3) More than five pounds of marijuana is guilty of a felony punishable by
imprisonment of not less than five nor more than 30 years.
If such person proves that he gave, distributed or possessed with intent to give
or distribute marijuana only as an accommodation to another individual and not
with intent to profit thereby from any consideration received or expected nor to
induce the recipient or intended recipient of the marijuana to use or become
addicted to or dependent upon such marijuana, he shall be guilty of a Class 1
misdemeanor.
(b) Any person who gives, distributes or possesses marijuana as an
accommodation and not with intent to profit thereby, to an inmate of a state or
local correctional facility as defined in § 53.1-1, or in the custody of an
employee thereof shall be guilty of a Class 4 felony.
(c) Any person who manufactures marijuana, or possesses marijuana with the
intent to manufacture such substance, not for his own use is guilty of a felony
punishable by imprisonment of not less than five nor more than 30 years and a
fine not to exceed $10,000.
(d) When a person is convicted of a third or subsequent felony offense under
this section and it is alleged in the warrant, indictment or information that he
has been before convicted of two or more felony offenses under this section 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 any period 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.
(1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461; 2006, cc.
697, 759.)