Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Except as authorized in the Drug Control Act ( § 54.1-3400 et seq. ), it is unlawful for any person to sell, give, distribute or possess with intent to sell, give, or distribute marijuana.
(a) Any person who violates this section with respect to:
(1) Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;
(2) More than one ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;
(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.
There shall be a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.
If such person proves that he gave, distributed, or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he is guilty of a Class 1 misdemeanor.
(b) Any person who gives, distributes, or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility, as defined in § 53.1-1 , or in the custody of an employee thereof is guilty of a Class 4 felony.
(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.
(d) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth, and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.
Cite this article: FindLaw.com - Virginia Code Title 18.2. Crimes and Offenses Generally § 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana - last updated January 01, 2020 | https://codes.findlaw.com/va/title-18-2-crimes-and-offenses-generally/va-code-sect-18-2-248-1.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.