Penalties For Distribution of Controlled Substances in Virginia.

Virginia has a base set of maximum penalties for drug distribution and/or possession with the intent to distribute charges, and higher penalties for distribution of large or very large amounts of controlled substances. For purposes of clarity, below are the base penalties, followed by penalties for "large amount" and "very large amount" cases.

Base Penalties for Drug Distribution

Penalties for manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give or distribute controlled substances in Virginia are based on the following drug classifications, or schedules:

Schedule I - Heroin, Ecstasy (MDMA), LSD, GHB and Schedule II - Cocaine, Methamphetamine (crystal meth) and other stimulants (including Methadone, Ritalin, Morphine and PCP).

• Penalty: 5 - 40 years in prison and fines of up to $500,000 (first offense); or 5 years - life imprisonment and fine of up to $500,000 (second or subsequent offense)
• Methamphetamine: 10 - 40 years in prison and fines of up to $500,000 (first offense); or 5 years - life imprisonment and fine of up to $500,000 (second or subsequent offense)
• "Not for profit," e.g. giving to a friend (who is not incarcerated): Class 5 felony: up to 10 years in prison; fines of up to $2,500

Schedule III - Anabolic steroids, Codeine and Hydrocodone (Vicodin, Lorcet, Dolacet and others) with aspirin or Tylenol, Special K (Ketamine), some barbiturates and other depressants.

• Penalty: Class 5 felony: 1 - 10 years imprisonment or 12 months in jail; fines of up to $2,500
• Anabolic steroid: 1 - 10 years in prison or, in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and/or a fine of up to $20,000. Any person found guilty of manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give or distribute an anabolic steroid shall be incarcerated for a mandatory minimum term of six months to be served consecutively with any other sentence.
• Non-steroid cases: "Not for profit," e.g. giving to a friend (who is not incarcerated): Class 1 misdemeanor: up to 12 months in jail; fines of up to $2,500.

Schedule IV - Many prescription drugs, e.g. Darvon, Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as well as other tranquilizers.

• Penalty: Class 6 felony: 1 - 5 years imprisonment or 12 months in jail; fines of up to $2,500
• "Not for profit," e.g. giving to a friend (who is not incarcerated): Class 1 misdemeanor: up to 12 months in jail; fines of up to $2,500.

Schedule V - Codeine based cough medicines. Penalty: Class 1 misdemeanor: up to 12 months in jail; fines of up to $2,500.

Marijuana Distribution and Possession With Intent to Distribute - Marijuana is classified as a Schedule I drug under federal guidelines, which means it has a "high potential for abuse" and "no legitimate medical use." But unique among Schedule 1 drugs, marijuana has its own penalty structure under Virginia law. Per Virginia Code § 18.2-248.1, selling, giving, distributing, or possessing with intent to sell, give, or distribute marijuana is punishable as follows:

• Less than 1/2 oz.: Class 1 misdemeanor: up to 12 months in jail; fines of up to $2,500;
• 1/2 oz. to 5 lbs.: Class 5 felony: 1 - 10 years imprisonment or 12 months in jail; fines of up to $2,500; and
• More than 5 lbs.: felony punishable by 5 - 30 years.
• In "not for profit" cases, e.g. giving to a friend (who is not incarcerated), the maximum punishment drops to a Class 1 misdemeanor: up to 12 months in jail; fines of up to $2,500.
• Finally, manufacturing or possessing with intent to manufacture (not for one's own personal use) marijuana is a felony, punishable by 5 - 30 years in prison and a fine of up to $10,000.

"Large Amount" Cases

This category covers cases where a person manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following:

• Heroin: 100 grams or more of a mixture or substance containing a detectable amount of heroin;
• Cocaine: 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 which contains any quantity of any of the substances referred to in (a) - (c) above;
• Cocaine Base: 250 grams or more of a mixture or substance described in (a) - (d) above which contains cocaine base;
• Methamphetamine: 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.

Distribution or possession with the intent to distribute in one of these "large amount" cases is 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 sentence* to be served consecutively with any other sentence.

"Very Large Amount" Cases

This category covers cases where a person manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following:

• Heroin: 1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin;
  
• Cocaine: 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 (a) - (c) above;
    
• Cocaine Base: 2.5 kilograms or more of a mixture or substance described in (a) - (d) above which contains cocaine base;
• Marijuana: 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana; or
• Methamphetamine: 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.

Distribution or possession with the intent to distribute in one of these "very large amount" cases is 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.*

*Mandatory Minimum In Large/Very Large Amount Cases Does Not Always Apply

The mandatory minimum sentence stated in the "large amount" and "very large amount" cases above shall not be applicable if the court finds that:

• the person does not have a prior conviction for an offense listed in subsection C of Virginia Code Section 17.1-805;
• 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;
• the offense did not result in death or serious bodily injury to any person;
• the person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise; and
• 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.

"Continuing Criminal Enterprise" Cases

Separate penalties apply in cases where a person was involved with a continuing criminal enterprise receiving at least $100,000 in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of certain controlled substances (including heroin, cocaine, methamphetamine and marijuana).