Just like all drug laws, in Virginia, drug distribution laws vary from other states. For instance, marijuana is legally sold in many states, however, in the state of Virginia, such drug remains illegal and its consequences are penalties remain to be severe. The state of Virginia takes drug charges very seriously and the penalties associated with them as well.
The basics of Virginia’s drug distribution laws
Many of the laws related to drug distribution in the state of Virginia correspond to the amount of substances in possession in terms of weight.
Virginia code Title 18.2, Section 248 is a statute that deals specifically with the distribution, manufacture, selling, giving, intended possession, and more. In this statute, schedules one and two include drugs such as heroin, cocaine, and methamphetamine and their penalties are highly associated with the amount in possession apart from methamphetamine.
In accordance with the laws of Virginia and in relevance to heroin and cocaine, possessing any amount of these drugs, except methamphetamine will constitute to either five to 40 years in prison with a fine that my go as high as $500,000, five years in prison to a lifetime sentence with a mandatory term of three years with a fine up to $500,000 in cases where there is one prior conviction, and finally ten years in prison to a lifetime sentence with a mandatory term of ten years with a fine up to $500,000 where there are two prior convictions.
However, in the cases of methamphetamine, its possession includes a period of ten to 20 years in prison as well as a fine that may go as high as $500,000, ten years to a lifetime sentence when there is one prior conviction involved, the compensation of the involvement of a property, and/or the payment for cleanup expenses off the individual’s property in accordance with the laws of Virginia.
Nonetheless, there are cases where the penalties are enhanced. In such cases, the conviction that involves higher amounts of the drugs than usual is punishable by five years of prison time and up to a $1 million fine. For a penalty to be enhanced, the amount of substance in possession has to be the following or more:
- 100 grams or more of heroin. In this case, it does not have to be pure, but the substance may include detectable heroin in it;
- 500 grams or more of cocaine. In this case, it does not have to be pure, but the substance may include detectable cocaine in it;
- 250 grams of more of cocaine base. This is also referred to as “crack”. In this case, it does not have to be pure, but the substance may include detectable cocaine base in it; and
- 10 or more grams of the substance of methamphetamine or 20 or more grams of a substance that includes a detectable amount of methamphetamine.
Moreover, just like most laws and their penalties in Virginia, individuals that have no record of violent crime or threats of violent crime may have their penalties reduces to a certain degree or extent.
If you need a Virginia Drug Distribution Lawyer to help you with your Drug Distribution case in Virginia, call us at 888-437-7747. Our Virginia Drug Distribution Attorneys can help you.