| § 18.2-255.2 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-255.2
Drug Law in Virginia 18.2-255.2
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Prohibiting the sale or manufacture of drugs on or near certain properties;
penalty.
penalty.
A. It shall be unlawful for any person to manufacture, sell or distribute or
possess with intent to sell, give or distribute any controlled substance, imitation
controlled substance or marijuana while:
(i) upon the property, including buildings and grounds, of any public or private
elementary, secondary, or post secondary school, or any public or private
two-year or four-year institution of higher education, or any clearly marked
licensed child day center as defined in § 63.2-100;
(ii) upon public property or any property open to public use within 1,000 feet of
the property described in clause (i);
(iii) on any school bus as defined in § 46.2-100;
(iv) upon a designated school bus stop, or upon either public property or any
property open to public use which is within 1,000 feet of such school bus stop,
during the time when school children are waiting to be picked up and
transported to or are being dropped off from school or a school-sponsored
activity;
(v) upon the property, including buildings and grounds, of any publicly owned or
publicly operated recreation or community center facility or any public library; or
(vi) upon the property of any state facility as defined in § 37.2-100 or upon public
property or property open to public use within 1,000 feet of such an institution. It
is a violation of the provisions of this section if the person possessed the
controlled substance, imitation controlled substance or marijuana on the
property described in clauses (i) through (vi) of this subsection, regardless of
where the person intended to sell, give or distribute the controlled substance,
imitation controlled substance or marijuana. Nothing in this section shall
prohibit the authorized distribution of controlled substances.
B. Violation of this section shall constitute a separate and distinct felony. Any
person violating the provisions of this section shall, upon conviction, be
imprisoned for a term of not less than one year nor more than five years and
fined not more than $100,000. A second or subsequent conviction hereunder
for an offense involving a controlled substance classified in Schedule I, II, or III
of the Drug Control Act (§ 54.1-3400 et seq.) or more than one-half ounce of
marijuana shall be punished by a mandatory minimum term of imprisonment
of one year to be served consecutively with any other sentence. However, if
such person proves that he sold such controlled substance or 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 controlled substance or marijuana to use or become
addicted to or dependent upon such controlled substance or marijuana, he
shall be guilty of a Class 1 misdemeanor.
C. If a person commits an act violating the provisions of this section, and the
same act also violates another provision of law that provides for penalties
greater than those provided for by this section, then nothing in this section shall
prohibit or bar any prosecution or proceeding under that other provision of law
or the imposition of any penalties provided for thereby.
(1982, c. 594; 1989, cc. 619, 682, 709; 1990, cc. 617, 622; 1991, c. 268; 1991,
1st Sp. Sess., c. 14; 1993, cc. 30, 708, 729; 1999, c. 873; 2000, cc. 1020, 1041;
2003, cc. 80, 91; 2004, c. 461; 2005, c. 716; 2006, c. 325.)
possess with intent to sell, give or distribute any controlled substance, imitation
controlled substance or marijuana while:
(i) upon the property, including buildings and grounds, of any public or private
elementary, secondary, or post secondary school, or any public or private
two-year or four-year institution of higher education, or any clearly marked
licensed child day center as defined in § 63.2-100;
(ii) upon public property or any property open to public use within 1,000 feet of
the property described in clause (i);
(iii) on any school bus as defined in § 46.2-100;
(iv) upon a designated school bus stop, or upon either public property or any
property open to public use which is within 1,000 feet of such school bus stop,
during the time when school children are waiting to be picked up and
transported to or are being dropped off from school or a school-sponsored
activity;
(v) upon the property, including buildings and grounds, of any publicly owned or
publicly operated recreation or community center facility or any public library; or
(vi) upon the property of any state facility as defined in § 37.2-100 or upon public
property or property open to public use within 1,000 feet of such an institution. It
is a violation of the provisions of this section if the person possessed the
controlled substance, imitation controlled substance or marijuana on the
property described in clauses (i) through (vi) of this subsection, regardless of
where the person intended to sell, give or distribute the controlled substance,
imitation controlled substance or marijuana. Nothing in this section shall
prohibit the authorized distribution of controlled substances.
B. Violation of this section shall constitute a separate and distinct felony. Any
person violating the provisions of this section shall, upon conviction, be
imprisoned for a term of not less than one year nor more than five years and
fined not more than $100,000. A second or subsequent conviction hereunder
for an offense involving a controlled substance classified in Schedule I, II, or III
of the Drug Control Act (§ 54.1-3400 et seq.) or more than one-half ounce of
marijuana shall be punished by a mandatory minimum term of imprisonment
of one year to be served consecutively with any other sentence. However, if
such person proves that he sold such controlled substance or 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 controlled substance or marijuana to use or become
addicted to or dependent upon such controlled substance or marijuana, he
shall be guilty of a Class 1 misdemeanor.
C. If a person commits an act violating the provisions of this section, and the
same act also violates another provision of law that provides for penalties
greater than those provided for by this section, then nothing in this section shall
prohibit or bar any prosecution or proceeding under that other provision of law
or the imposition of any penalties provided for thereby.
(1982, c. 594; 1989, cc. 619, 682, 709; 1990, cc. 617, 622; 1991, c. 268; 1991,
1st Sp. Sess., c. 14; 1993, cc. 30, 708, 729; 1999, c. 873; 2000, cc. 1020, 1041;
2003, cc. 80, 91; 2004, c. 461; 2005, c. 716; 2006, c. 325.)