The penalties for drug distribution and possession with intent to distribute in Virginia are harsh. The penalties depend in large part on the type of drug involved. Virginia Code Section § 18.2-248 contains the majority of punishments for drug distribution.

 

• Schedule I and II. Under Virginia Code § 18.2-248(C), for a first offense conviction, the penalty for distribution or possession with the intent to distribute is anywhere between 5 and 40 years in prison and a fine of up to $500,000. If this is a second offense, there is a three-year mandatory minimum jail sentence with a possibility of five years to life in prison and a fine of up to $500,000. A third or subsequent offense faces a punishment anywhere from 10 years to life in prison and a $500,000 fine. 10 years of any sentence imposed is a mandatory minimum. The most common Schedule I or II controlled substances are Heroin, Cocaine, LSD, morphine and Methamphetamine.

 

• Large Quantities: Virginia Code § 18.2-248(C) also has harsh punishments when large amounts of drugs are involved. For example 100 grams or more of heroin, 500 grams or more of cocaine and 10 grams or more of Methamphetamine are punished anywhere from 5 years to life in prison. 5 years of the sentenced imposed shall be a mandatory minimum term of imprisonment.

 

• Schedule III. Under Virginia Code § 18.2-248(E1) distribution or possession with intent to distribute a Schedule III controlled substance is a Class 5 felony, and it is punishable anywhere from one to ten years in prison or a fine not to exceed $2,500. Some common Schedule III controlled substances are Ketamine, Vicodin, and Anabolic Steroids.

 

• Schedule IV. Under  Virginia Code § 18.2-248(E2) distribution or possession with intent to distribute a Schedule IV drug is punishable as a Class 6 felony, that can result in a prison sentence anywhere from one to five years in prison or a fine of up to $2,500. Some common Schedule IV controlled substances are Alprazolam (Xanax), Klonopin, and Valium.

 

• Schedule V or VI. Under Virginia Code § 18.2-248(F), distribution or possession with intent to distribute a Schedule V drug is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.

 

WHAT ARE THE PENALTIES FOR DISTRIBUTION OR POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA

 

Under Virginia Code § 18.2-248.1 the penalties for distribution or possession with the intent to distribute marijuana depend in large part on the amount of marijuana involved.

 

• Less than one-half ounce distribution or possession with intent to distribute is punished as a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500

 

• More than one half-ounce but less than 5 pounds of marijuana is punishable as a Class 5 felony. A defendant faces anywhere from one to ten years in prison or a fine not to exceed $2,500.

 

• More than 5 pounds of marijuana is punished by imprisonment of not less than 5 years nor more than 30 years.

 

WHAT IF THE DRUG IS AN IMITATION CONTROLLED SUBSTANCE OR COUNTERFEIT

 

The penalties for distribution or possession with intent to distribute an imitation drug depends on the type of drug that has been imitated.

 

• Schedule I, II, III, or IV imitation. Virginia Code § 18.2-248(G) punishes distribution or possession with intent to distribute an imitation controlled substance as a Class 6 felony, that can result in a prison sentence anywhere from one to five years in prison or a fine of up to $2,500.

 

• Schedule V or VI imitation. Under Virginia Code § 18.2-248(F), distribution or possession with intent to distribute an imitation Schedule V or VI drug is a Class 1 misdemeanor, punishable up to 12 months in jail and a fine of up to $2,500.

 

WHAT IF I DIDN’T PROFIT FROM THE DRUG DEAL

 

Virginia Code Section 18.2-248(D) and (E3) provides for mitigation of punishment in those instances of drug distribution not by a dealer in drugs, or one who was normally engaged in the drug traffic, but by an individual who was motivated by a desire to accommodate a friend, without any intent to profit or to induce or to encourage the use of drugs.

 

Under Virginia Code § 18.2-248(D), if the defendant can prove he/she gave, distributed or possessed with the intent to distribute a Schedule I or II drug as an accommodation to another the punishment is changed to a Class 5 felony and it is punishable anywhere from one to ten years in prison or a fine not to exceed $2,500. Under Virginia Code § 18.2-248(E3), if the defendant can prove he/she gave, distributed or possessed with the intent to distribute a Schedule III or IV drug as an accommodation to another the punishment is changed to a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.

 

Under Virginia Code § 18.2-248.1 if the defendant can prove he/she gave, distributed or possessed with the intent to distribute marijuana as an accommodation to another the punishment is changed to a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.

 

HOW WE CAN HELP

 

The consequences of a Drug Distribution or Possession with Intent to Distribute conviction in Virginia can be immense. The penalties facing defendant’s are harsh. It is important to have an knowledgeable and skilled attorney by your side. The Pickett Law Group, PLLC is an experienced law firm with two generations of former prosecutors, who have handled numerous Drug Distribution cases on both sides. We have successfully fought Drug Distribution charges in Fairfax County, Arlington County, Loudoun County, and Prince William County. Contact us today for a free consultation.

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