Virginia Drug Lawyer Provides Schedule of Penalties for Drug Crimes

VIRGINIA DRUG PENALTIES

For Virginia schedules, see Virginia Code Annotated at 54.1-3446, which may differ slightly from the federal schedules listed above by following this link: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+54.1-3446

First Offense

Manufacturing, selling, distributing, giving or possessing with the intent to manufacture, sell, give or distribute (Virginia Code Annotated at 18.2-248 and 18.2-11). Schedule I and II drugs, and transporting into Virginia one or more ounces of cocaine and five or more pounds of marijuana with intent to sell or distribute: not less than five years nor more than 40 years; fine not more than $500,000.
Schedule III, IV or V drugs: not more than 12 months; fine not more than $2,500.

Trafficking in the following amounts is punishable by imprisonment of 20 years (in certain cases a mandatory minimum sentence of twenty years) to life and a fine of not more than $1 million:

heroin: 1.0 kg or more
cocaine: 5.0 kg or more
cocaine base: 2.5 kg or more

Simple possession of a controlled substance is punishable as follows:

marijuana: a misdemeanor; not more than 30 days; fine of not more than $500. (Va. Code Ann. @ 18.2-250.1)

Schedule I or II drug: not less than one year nor more than 10 years; or, in some cases, up to 12 months and fine of not more than $2,500.

Schedule III drug: not more than 12 months; fine not more than $2,500.

Schedule IV drug: not more than six months; fine not more than $1,000.

Schedule V drug: fine not more than $500.

Schedule VI drug: fine not more than $250.

Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana: (Va. Code Ann. @ 18.2-248.1)

• Not more than 0.5 ounce of marijuana: not more than 12 months, fine of not more than $2,500.

• More than 0.5 ounce of marijuana but not more than 5 lbs. of marijuana: up to 10 years, fine of not more than $2,500.

• More than 5 lbs. of marijuana, not less than five years, nor more than 30 years.

• Manufacturing marijuana: not less than five years nor more than 30 years, fine not to exceed $10,000.

Other Penalties, Second and Later Offenses

Sale of drugs on or near school property (including universities), state hospital grounds, a public recreation or community center or any public library is a felony punishable by a mandatory sentence of not less than one year nor more than five years; fine of not more than $100,000 (Virginia Code Annotated at 18.2-255.2).

Forfeiture of driver's license may also occur as a result of drug violations. (Va. Code Ann. @ 18.2-259.1)For penalties for sale of drugs to someone under age 18 who is least three years younger than the seller see Va. Code Ann. @ 18.2-255.

Enhanced penalties also apply to subsequent offenses.