"Continuing Criminal Enterprise" Drug Penalties In Virginia

Virginia has fairly high maximum penalties for simple drug possession charges and much higher penalties for drug distribution and/or possession with the intent to distribute. But the highest penalties are reserved for certain "continuing criminal enterprise" cases.

Below are the maximum punishments for the two distinct categories of these continuing criminal enterprise drug distribution cases.

Smaller Continuing Criminal Enterprises

Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise may be found guilty of a felony if: (a) 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 (b) 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:

• Heroin: At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
  
• Cocaine: 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 (a) - (c) above;
• Cocaine Base: At least 2.5 kilograms but less than 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base;
• Marijuana: At least 100 kilograms but less than 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or
• Methamphetamine: 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 in one of these continuing criminal enterprise cases 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.

Larger Continuing Criminal Enterprises

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:

• Heroin: At least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
  
• Cocaine: 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 (a) - (c) above;
• Cocaine Base: At least 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base;
• Marijuana: At least 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or
• Methamphetamine: 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.

A conviction in one of these continuing criminal enterprise cases shall be 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.

What Is A "Continuing Criminal Enterprise"?
For purposes of the above provisions of Virginia law, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of Virginia Code Section 18.2-248 (Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance), the punishment for which is a felony and either (ii) such violation is a part of a continuing series of violations of said 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 Virginia Code Section 18.2-46.1.