§ 18.2-248. Manufacturing, selling, giving, distributing, or possessing withintent to manufacture, sell, give, or distribute a controlled substance or animitation controlled substance prohibited; penalties.
A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), itshall be unlawful for any person to manufacture, sell, give, distribute, orpossess with intent to manufacture, sell, give or distribute a controlledsubstance or an imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give ordistribute an imitation controlled substance, the court may consider, inaddition to all other relevant evidence, whether any distribution orattempted distribution of such pill, capsule, tablet or substance in anyother form whatsoever included an exchange of or a demand for money or otherproperty as consideration, and, if so, whether the amount of suchconsideration was substantially greater than the reasonable value of suchpill, capsule, tablet or substance in any other form whatsoever, consideringthe actual chemical composition of such pill, capsule, tablet or substance inany other form whatsoever and, where applicable, the price at whichover-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this sectionwith respect to a controlled substance classified in Schedule I or II shallupon conviction be imprisoned for not less than five nor more than 40 yearsand fined not more than $500,000. Upon a second conviction of such aviolation, and it is alleged in the warrant, indictment, or information thatthe person has been before convicted of such an offense or of a substantiallysimilar offense in any other jurisdiction, which offense would be a felony ifcommitted in the Commonwealth, and such prior conviction occurred before thedate of the offense alleged in the warrant, indictment, or information, anysuch person may, in the discretion of the court or jury imposing thesentence, be sentenced to imprisonment for life or for any period not lessthan five years and be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under thissubsection and it is alleged in the warrant, indictment or information thathe has been before convicted of two or more such offenses or of substantiallysimilar offenses in any other jurisdiction which offenses would be feloniesif committed in the Commonwealth and such prior convictions occurred beforethe date of the offense alleged in the warrant, indictment, or information,he shall be sentenced to imprisonment for life or for a period of not lessthan five years, five years of which shall be a mandatory minimum term ofimprisonment to be served consecutively with any other sentence and he shallbe fined not more than $500,000.
Any person who manufactures, sells, gives, distributes or possesses with theintent to manufacture, sell, give, or distribute the following is guilty of afelony punishable by a fine of not more than $1 million and imprisonment forfive years to life, five years of which shall be a mandatory minimum term ofimprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable amountof heroin;
2. 500 grams or more of a mixture or substance containing a detectable amountof:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 that contains any quantity of any ofthe substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2athrough 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of itsisomers or 20 grams or more of a mixture or substance containing a detectableamount of methamphetamine, its salts, isomers, or salts of its isomers.
The mandatory minimum term of imprisonment to be imposed for a violation ofthis subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed insubsection C of § 17.1-805;
b. The person did not use violence or credible threats of violence or possessa firearm or other dangerous weapon in connection with the offense or induceanother participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of othersin the offense, and was not engaged in a continuing criminal enterprise asdefined in subsection I; and
e. Not later than the time of the sentencing hearing, the person hastruthfully provided to the Commonwealth all information and evidence theperson has concerning the offense or offenses that were part of the samecourse of conduct or of a common scheme or plan, but the fact that the personhas no relevant or useful other information to provide or that theCommonwealth already is aware of the information shall not preclude adetermination by the court that the defendant has complied with thisrequirement.
C1. Any person who violates this section with respect to the manufacturing ofmethamphetamine, its salts, isomers, or salts of its isomers or less than 200grams of a mixture or substance containing a detectable amount ofmethamphetamine, its salts, isomers, or salts of its isomers shall, uponconviction, be imprisoned for not less than 10 nor more than 40 years andfined not more than $500,000. Upon a second conviction of such a violation,any such person may, in the discretion of the court or jury imposing thesentence, be sentenced to imprisonment for life or for any period not lessthan 10 years, and be fined not more than $500,000. When a person isconvicted of a third or subsequent offense under this subsection and it isalleged in the warrant, indictment, or information that he has beenpreviously convicted of two or more such offenses or of substantially similaroffenses in any other jurisdiction, which offenses would be felonies ifcommitted in the Commonwealth and such prior convictions occurred before thedate of the offense alleged in the warrant, indictment, or information, heshall be sentenced to imprisonment for life or for a period not less than 10years, three years of which shall be a mandatory minimum term of imprisonmentto be served consecutively with any other sentence and he shall be fined notmore than $500,000. Upon conviction, in addition to any other punishment, aperson found guilty of this offense shall be ordered by the court to makerestitution, as the court deems appropriate, to any innocent property ownerwhose property is damaged, destroyed, or otherwise rendered unusable as aresult of such methamphetamine production. This restitution may include theperson's or his estate's estimated or actual expenses associated withcleanup, removal, or repair of the affected property.
D. If such person proves that he gave, distributed or possessed with intentto give or distribute a controlled substance classified in Schedule I or IIonly as an accommodation to another individual who is not an inmate in acommunity correctional facility, local correctional facility or statecorrectional facility as defined in § 53.1-1 or in the custody of an employeethereof, and not with intent to profit thereby from any considerationreceived or expected nor to induce the recipient or intended recipient of thecontrolled substance to use or become addicted to or dependent upon suchcontrolled substance, he shall be guilty of a Class 5 felony.
E. If the violation of the provisions of this article consists of the fillingby a pharmacist of the prescription of a person authorized under this articleto issue the same, which prescription has not been received in writing by thepharmacist prior to the filling thereof, and such written prescription is infact received by the pharmacist within one week of the time of filling thesame, or if such violation consists of a request by such authorized personfor the filling by a pharmacist of a prescription which has not been receivedin writing by the pharmacist and such prescription is, in fact, written atthe time of such request and delivered to the pharmacist within one weekthereof, either such offense shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a controlledsubstance classified in Schedule III except for an anabolic steroidclassified in Schedule III, constituting a violation of § 18.2-248.5, shallbe guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a controlledsubstance classified in Schedule IV shall be guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with theintent to give or distribute a controlled substance classified in ScheduleIII or IV, except for an anabolic steroid classified in Schedule III,constituting a violation of § 18.2-248.5, only as an accommodation to anotherindividual who is not an inmate in a community correctional facility, localcorrectional facility or state correctional facility as defined in § 53.1-1or in the custody of an employee thereof, and not with the intent to profitthereby from any consideration received or expected nor to induce therecipient or intended recipient of the controlled substance to use or becomeaddicted to or dependent upon such controlled substance, is guilty of a Class1 misdemeanor.
F. Any person who violates this section with respect to a controlledsubstance classified in Schedule V or Schedule VI or an imitation controlledsubstance which imitates a controlled substance classified in Schedule V orSchedule VI, shall be guilty of a Class 1 misdemeanor.
G. Any person who violates this section with respect to an imitationcontrolled substance which imitates a controlled substance classified inSchedule I, II, III, or IV shall be guilty of a Class 6 felony. In anyprosecution brought under this subsection, it is not a defense to a violationof this subsection that the defendant believed the imitation controlledsubstance to actually be a controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses withthe intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectableamount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectableamount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2which contains cocaine base;
4. 100 kilograms or more of a mixture or substance containing a detectableamount of marijuana; or
5. 100 grams or more of methamphetamine, its salts, isomers, or salts of itsisomers or 200 grams or more of a mixture or substance containing adetectable amount of methamphetamine, its salts, isomers, or salts of itsisomers shall be guilty of a felony punishable by a fine of not more than $1million and imprisonment for 20 years to life, 20 years of which shall be amandatory minimum sentence. Such mandatory minimum sentence shall not beapplicable if the court finds that (i) the person does not have a priorconviction for an offense listed in subsection C of § 17.1-805; (ii) theperson did not use violence or credible threats of violence or possess afirearm or other dangerous weapon in connection with the offense or induceanother participant in the offense to do so; (iii) the offense did not resultin death or serious bodily injury to any person; (iv) the person was not anorganizer, leader, manager, or supervisor of others in the offense, and wasnot engaged in a continuing criminal enterprise as defined in subsection I ofthis section; and (v) not later than the time of the sentencing hearing, theperson has truthfully provided to the Commonwealth all information andevidence the person has concerning the offense or offenses that were part ofthe same course of conduct or of a common scheme or plan, but the fact thatthe person has no relevant or useful other information to provide or that theCommonwealth already is aware of the information shall not preclude adetermination by the court that the defendant has complied with thisrequirement.
H1. Any person who was the principal or one of several principaladministrators, organizers or leaders of a continuing criminal enterpriseshall be guilty of a felony if (i) the enterprise received at least $100,000but less than $250,000 in gross receipts during any 12-month period of itsexistence from the manufacture, importation, or distribution of heroin orcocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, orsalts of isomers thereof or marijuana or (ii) the person engaged in theenterprise to manufacture, sell, give, distribute or possess with the intentto manufacture, sell, give or distribute the following during any 12-monthperiod of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture orsubstance containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture orsubstance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture orsubstance described in subdivision 2 which contains cocaine base;
4. At least 100 kilograms but less than 250 kilograms of a mixture orsubstance containing a detectable amount of marijuana; or
5. At least 100 grams but less than 250 grams of methamphetamine, its salts,isomers, or salts of its isomers or at least 200 grams but less than 1.0kilograms of a mixture or substance containing a detectable amount ofmethamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not morethan $1 million and imprisonment for 20 years to life, 20 years of whichshall be a mandatory minimum sentence.
H2. Any person who was the principal or one of several principaladministrators, organizers or leaders of a continuing criminal enterprise if(i) the enterprise received $250,000 or more in gross receipts during any12-month period of its existence from the manufacture, importation, ordistribution of heroin or cocaine or ecgonine or methamphetamine or thederivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii)the person engaged in the enterprise to manufacture, sell, give, distributeor possess with the intent to manufacture, sell, give or distribute thefollowing during any 12-month period of its existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectableamount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectableamount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision2 which contains cocaine base;
4. At least 250 kilograms of a mixture or substance containing a detectableamount of marijuana; or
5. At least 250 grams of methamphetamine, its salts, isomers, or salts of itsisomers or at least 1.0 kilograms of a mixture or substance containing adetectable amount of methamphetamine, its salts, isomers, or salts of itsisomers shall be guilty of a felony punishable by a fine of not more than $1million and imprisonment for life, which shall be served with no suspensionin whole or in part. Such punishment shall be made to run consecutively withany other sentence. However, the court may impose a mandatory minimumsentence of 40 years if the court finds that the defendant substantiallycooperated with law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminalenterprise if (i) he violates any provision of this section, the punishmentfor which is a felony and either (ii) such violation is a part of acontinuing series of violations of this section which are undertaken by suchperson in concert with five or more other persons with respect to whom suchperson occupies a position of organizer, a supervisory position, or any otherposition of management, and from which such person obtains substantial incomeor resources or (iii) such violation is committed, with respect tomethamphetamine or other controlled substance classified in Schedule I or II,for the benefit of, at the direction of, or in association with any criminalstreet gang as defined in § 18.2-46.1.
J. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), anyperson who possesses any two or more different substances listed below withthe intent to manufacture methamphetamine, methcathinone or amphetamine isguilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus acidsolutions, hypophosphite salts, hydrochloric acid, iodine crystals ortincture of iodine, phenylacetone, phenylacetic acid, red phosphorus,methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid,sodium hydroxide, potassium dichromate, sodium dichromate, potassiumpermanganate, chromium trioxide, methylbenzene, methamphetamine precursordrugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article,means a drug or product containing ephedrine, pseudoephedrine, orphenylpropanolamine or any of their salts, optical isomers, or salts ofoptical isomers.
(Code 1950, § 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586; 1975,cc. 14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435;1982, cc. 276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82;1991, c. 13; 1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc.1020, 1041; 2004, c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697,759; 2008, cc. 79, 618; 2009, c. 750.)
§ 18.2-248. Manufacturing, selling, giving, distributing, or possessing withintent to manufacture, sell, give, or distribute a controlled substance or animitation controlled substance prohibited; penalties.
A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), itshall be unlawful for any person to manufacture, sell, give, distribute, orpossess with intent to manufacture, sell, give or distribute a controlledsubstance or an imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give ordistribute an imitation controlled substance, the court may consider, inaddition to all other relevant evidence, whether any distribution orattempted distribution of such pill, capsule, tablet or substance in anyother form whatsoever included an exchange of or a demand for money or otherproperty as consideration, and, if so, whether the amount of suchconsideration was substantially greater than the reasonable value of suchpill, capsule, tablet or substance in any other form whatsoever, consideringthe actual chemical composition of such pill, capsule, tablet or substance inany other form whatsoever and, where applicable, the price at whichover-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this sectionwith respect to a controlled substance classified in Schedule I or II shallupon conviction be imprisoned for not less than five nor more than 40 yearsand fined not more than $500,000. Upon a second conviction of such aviolation, and it is alleged in the warrant, indictment, or information thatthe person has been before convicted of such an offense or of a substantiallysimilar offense in any other jurisdiction, which offense would be a felony ifcommitted in the Commonwealth, and such prior conviction occurred before thedate of the offense alleged in the warrant, indictment, or information, anysuch person may, in the discretion of the court or jury imposing thesentence, be sentenced to imprisonment for life or for any period not lessthan five years and be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under thissubsection and it is alleged in the warrant, indictment or information thathe has been before convicted of two or more such offenses or of substantiallysimilar offenses in any other jurisdiction which offenses would be feloniesif committed in the Commonwealth and such prior convictions occurred beforethe date of the offense alleged in the warrant, indictment, or information,he shall be sentenced to imprisonment for life or for a period of not lessthan five years, five years of which shall be a mandatory minimum term ofimprisonment to be served consecutively with any other sentence and he shallbe fined not more than $500,000.
Any person who manufactures, sells, gives, distributes or possesses with theintent to manufacture, sell, give, or distribute the following is guilty of afelony punishable by a fine of not more than $1 million and imprisonment forfive years to life, five years of which shall be a mandatory minimum term ofimprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable amountof heroin;
2. 500 grams or more of a mixture or substance containing a detectable amountof:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 that contains any quantity of any ofthe substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2athrough 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of itsisomers or 20 grams or more of a mixture or substance containing a detectableamount of methamphetamine, its salts, isomers, or salts of its isomers.
The mandatory minimum term of imprisonment to be imposed for a violation ofthis subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed insubsection C of § 17.1-805;
b. The person did not use violence or credible threats of violence or possessa firearm or other dangerous weapon in connection with the offense or induceanother participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of othersin the offense, and was not engaged in a continuing criminal enterprise asdefined in subsection I; and
e. Not later than the time of the sentencing hearing, the person hastruthfully provided to the Commonwealth all information and evidence theperson has concerning the offense or offenses that were part of the samecourse of conduct or of a common scheme or plan, but the fact that the personhas no relevant or useful other information to provide or that theCommonwealth already is aware of the information shall not preclude adetermination by the court that the defendant has complied with thisrequirement.
C1. Any person who violates this section with respect to the manufacturing ofmethamphetamine, its salts, isomers, or salts of its isomers or less than 200grams of a mixture or substance containing a detectable amount ofmethamphetamine, its salts, isomers, or salts of its isomers shall, uponconviction, be imprisoned for not less than 10 nor more than 40 years andfined not more than $500,000. Upon a second conviction of such a violation,any such person may, in the discretion of the court or jury imposing thesentence, be sentenced to imprisonment for life or for any period not lessthan 10 years, and be fined not more than $500,000. When a person isconvicted of a third or subsequent offense under this subsection and it isalleged in the warrant, indictment, or information that he has beenpreviously convicted of two or more such offenses or of substantially similaroffenses in any other jurisdiction, which offenses would be felonies ifcommitted in the Commonwealth and such prior convictions occurred before thedate of the offense alleged in the warrant, indictment, or information, heshall be sentenced to imprisonment for life or for a period not less than 10years, three years of which shall be a mandatory minimum term of imprisonmentto be served consecutively with any other sentence and he shall be fined notmore than $500,000. Upon conviction, in addition to any other punishment, aperson found guilty of this offense shall be ordered by the court to makerestitution, as the court deems appropriate, to any innocent property ownerwhose property is damaged, destroyed, or otherwise rendered unusable as aresult of such methamphetamine production. This restitution may include theperson's or his estate's estimated or actual expenses associated withcleanup, removal, or repair of the affected property.
D. If such person proves that he gave, distributed or possessed with intentto give or distribute a controlled substance classified in Schedule I or IIonly as an accommodation to another individual who is not an inmate in acommunity correctional facility, local correctional facility or statecorrectional facility as defined in § 53.1-1 or in the custody of an employeethereof, and not with intent to profit thereby from any considerationreceived or expected nor to induce the recipient or intended recipient of thecontrolled substance to use or become addicted to or dependent upon suchcontrolled substance, he shall be guilty of a Class 5 felony.
E. If the violation of the provisions of this article consists of the fillingby a pharmacist of the prescription of a person authorized under this articleto issue the same, which prescription has not been received in writing by thepharmacist prior to the filling thereof, and such written prescription is infact received by the pharmacist within one week of the time of filling thesame, or if such violation consists of a request by such authorized personfor the filling by a pharmacist of a prescription which has not been receivedin writing by the pharmacist and such prescription is, in fact, written atthe time of such request and delivered to the pharmacist within one weekthereof, either such offense shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a controlledsubstance classified in Schedule III except for an anabolic steroidclassified in Schedule III, constituting a violation of § 18.2-248.5, shallbe guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a controlledsubstance classified in Schedule IV shall be guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with theintent to give or distribute a controlled substance classified in ScheduleIII or IV, except for an anabolic steroid classified in Schedule III,constituting a violation of § 18.2-248.5, only as an accommodation to anotherindividual who is not an inmate in a community correctional facility, localcorrectional facility or state correctional facility as defined in § 53.1-1or in the custody of an employee thereof, and not with the intent to profitthereby from any consideration received or expected nor to induce therecipient or intended recipient of the controlled substance to use or becomeaddicted to or dependent upon such controlled substance, is guilty of a Class1 misdemeanor.
F. Any person who violates this section with respect to a controlledsubstance classified in Schedule V or Schedule VI or an imitation controlledsubstance which imitates a controlled substance classified in Schedule V orSchedule VI, shall be guilty of a Class 1 misdemeanor.
G. Any person who violates this section with respect to an imitationcontrolled substance which imitates a controlled substance classified inSchedule I, II, III, or IV shall be guilty of a Class 6 felony. In anyprosecution brought under this subsection, it is not a defense to a violationof this subsection that the defendant believed the imitation controlledsubstance to actually be a controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses withthe intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectableamount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectableamount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2which contains cocaine base;
4. 100 kilograms or more of a mixture or substance containing a detectableamount of marijuana; or
5. 100 grams or more of methamphetamine, its salts, isomers, or salts of itsisomers or 200 grams or more of a mixture or substance containing adetectable amount of methamphetamine, its salts, isomers, or salts of itsisomers shall be guilty of a felony punishable by a fine of not more than $1million and imprisonment for 20 years to life, 20 years of which shall be amandatory minimum sentence. Such mandatory minimum sentence shall not beapplicable if the court finds that (i) the person does not have a priorconviction for an offense listed in subsection C of § 17.1-805; (ii) theperson did not use violence or credible threats of violence or possess afirearm or other dangerous weapon in connection with the offense or induceanother participant in the offense to do so; (iii) the offense did not resultin death or serious bodily injury to any person; (iv) the person was not anorganizer, leader, manager, or supervisor of others in the offense, and wasnot engaged in a continuing criminal enterprise as defined in subsection I ofthis section; and (v) not later than the time of the sentencing hearing, theperson has truthfully provided to the Commonwealth all information andevidence the person has concerning the offense or offenses that were part ofthe same course of conduct or of a common scheme or plan, but the fact thatthe person has no relevant or useful other information to provide or that theCommonwealth already is aware of the information shall not preclude adetermination by the court that the defendant has complied with thisrequirement.
H1. Any person who was the principal or one of several principaladministrators, organizers or leaders of a continuing criminal enterpriseshall be guilty of a felony if (i) the enterprise received at least $100,000but less than $250,000 in gross receipts during any 12-month period of itsexistence from the manufacture, importation, or distribution of heroin orcocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, orsalts of isomers thereof or marijuana or (ii) the person engaged in theenterprise to manufacture, sell, give, distribute or possess with the intentto manufacture, sell, give or distribute the following during any 12-monthperiod of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture orsubstance containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture orsubstance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture orsubstance described in subdivision 2 which contains cocaine base;
4. At least 100 kilograms but less than 250 kilograms of a mixture orsubstance containing a detectable amount of marijuana; or
5. At least 100 grams but less than 250 grams of methamphetamine, its salts,isomers, or salts of its isomers or at least 200 grams but less than 1.0kilograms of a mixture or substance containing a detectable amount ofmethamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not morethan $1 million and imprisonment for 20 years to life, 20 years of whichshall be a mandatory minimum sentence.
H2. Any person who was the principal or one of several principaladministrators, organizers or leaders of a continuing criminal enterprise if(i) the enterprise received $250,000 or more in gross receipts during any12-month period of its existence from the manufacture, importation, ordistribution of heroin or cocaine or ecgonine or methamphetamine or thederivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii)the person engaged in the enterprise to manufacture, sell, give, distributeor possess with the intent to manufacture, sell, give or distribute thefollowing during any 12-month period of its existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectableamount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectableamount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision2 which contains cocaine base;
4. At least 250 kilograms of a mixture or substance containing a detectableamount of marijuana; or
5. At least 250 grams of methamphetamine, its salts, isomers, or salts of itsisomers or at least 1.0 kilograms of a mixture or substance containing adetectable amount of methamphetamine, its salts, isomers, or salts of itsisomers shall be guilty of a felony punishable by a fine of not more than $1million and imprisonment for life, which shall be served with no suspensionin whole or in part. Such punishment shall be made to run consecutively withany other sentence. However, the court may impose a mandatory minimumsentence of 40 years if the court finds that the defendant substantiallycooperated with law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminalenterprise if (i) he violates any provision of this section, the punishmentfor which is a felony and either (ii) such violation is a part of acontinuing series of violations of this section which are undertaken by suchperson in concert with five or more other persons with respect to whom suchperson occupies a position of organizer, a supervisory position, or any otherposition of management, and from which such person obtains substantial incomeor resources or (iii) such violation is committed, with respect tomethamphetamine or other controlled substance classified in Schedule I or II,for the benefit of, at the direction of, or in association with any criminalstreet gang as defined in § 18.2-46.1.
J. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), anyperson who possesses any two or more different substances listed below withthe intent to manufacture methamphetamine, methcathinone or amphetamine isguilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus acidsolutions, hypophosphite salts, hydrochloric acid, iodine crystals ortincture of iodine, phenylacetone, phenylacetic acid, red phosphorus,methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid,sodium hydroxide, potassium dichromate, sodium dichromate, potassiumpermanganate, chromium trioxide, methylbenzene, methamphetamine precursordrugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article,means a drug or product containing ephedrine, pseudoephedrine, orphenylpropanolamine or any of their salts, optical isomers, or salts ofoptical isomers.
(Code 1950, § 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586; 1975,cc. 14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435;1982, cc. 276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82;1991, c. 13; 1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc.1020, 1041; 2004, c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697,759; 2008, cc. 79, 618; 2009, c. 750.)
§ 18.2-248. Manufacturing, selling, giving, distributing, or possessing withintent to manufacture, sell, give, or distribute a controlled substance or animitation controlled substance prohibited; penalties.
A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), itshall be unlawful for any person to manufacture, sell, give, distribute, orpossess with intent to manufacture, sell, give or distribute a controlledsubstance or an imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give ordistribute an imitation controlled substance, the court may consider, inaddition to all other relevant evidence, whether any distribution orattempted distribution of such pill, capsule, tablet or substance in anyother form whatsoever included an exchange of or a demand for money or otherproperty as consideration, and, if so, whether the amount of suchconsideration was substantially greater than the reasonable value of suchpill, capsule, tablet or substance in any other form whatsoever, consideringthe actual chemical composition of such pill, capsule, tablet or substance inany other form whatsoever and, where applicable, the price at whichover-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this sectionwith respect to a controlled substance classified in Schedule I or II shallupon conviction be imprisoned for not less than five nor more than 40 yearsand fined not more than $500,000. Upon a second conviction of such aviolation, and it is alleged in the warrant, indictment, or information thatthe person has been before convicted of such an offense or of a substantiallysimilar offense in any other jurisdiction, which offense would be a felony ifcommitted in the Commonwealth, and such prior conviction occurred before thedate of the offense alleged in the warrant, indictment, or information, anysuch person may, in the discretion of the court or jury imposing thesentence, be sentenced to imprisonment for life or for any period not lessthan five years and be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under thissubsection and it is alleged in the warrant, indictment or information thathe has been before convicted of two or more such offenses or of substantiallysimilar offenses in any other jurisdiction which offenses would be feloniesif committed in the Commonwealth and such prior convictions occurred beforethe date of the offense alleged in the warrant, indictment, or information,he shall be sentenced to imprisonment for life or for a period of not lessthan five years, five years of which shall be a mandatory minimum term ofimprisonment to be served consecutively with any other sentence and he shallbe fined not more than $500,000.
Any person who manufactures, sells, gives, distributes or possesses with theintent to manufacture, sell, give, or distribute the following is guilty of afelony punishable by a fine of not more than $1 million and imprisonment forfive years to life, five years of which shall be a mandatory minimum term ofimprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable amountof heroin;
2. 500 grams or more of a mixture or substance containing a detectable amountof:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 that contains any quantity of any ofthe substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2athrough 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of itsisomers or 20 grams or more of a mixture or substance containing a detectableamount of methamphetamine, its salts, isomers, or salts of its isomers.
The mandatory minimum term of imprisonment to be imposed for a violation ofthis subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed insubsection C of § 17.1-805;
b. The person did not use violence or credible threats of violence or possessa firearm or other dangerous weapon in connection with the offense or induceanother participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of othersin the offense, and was not engaged in a continuing criminal enterprise asdefined in subsection I; and
e. Not later than the time of the sentencing hearing, the person hastruthfully provided to the Commonwealth all information and evidence theperson has concerning the offense or offenses that were part of the samecourse of conduct or of a common scheme or plan, but the fact that the personhas no relevant or useful other information to provide or that theCommonwealth already is aware of the information shall not preclude adetermination by the court that the defendant has complied with thisrequirement.
C1. Any person who violates this section with respect to the manufacturing ofmethamphetamine, its salts, isomers, or salts of its isomers or less than 200grams of a mixture or substance containing a detectable amount ofmethamphetamine, its salts, isomers, or salts of its isomers shall, uponconviction, be imprisoned for not less than 10 nor more than 40 years andfined not more than $500,000. Upon a second conviction of such a violation,any such person may, in the discretion of the court or jury imposing thesentence, be sentenced to imprisonment for life or for any period not lessthan 10 years, and be fined not more than $500,000. When a person isconvicted of a third or subsequent offense under this subsection and it isalleged in the warrant, indictment, or information that he has beenpreviously convicted of two or more such offenses or of substantially similaroffenses in any other jurisdiction, which offenses would be felonies ifcommitted in the Commonwealth and such prior convictions occurred before thedate of the offense alleged in the warrant, indictment, or information, heshall be sentenced to imprisonment for life or for a period not less than 10years, three years of which shall be a mandatory minimum term of imprisonmentto be served consecutively with any other sentence and he shall be fined notmore than $500,000. Upon conviction, in addition to any other punishment, aperson found guilty of this offense shall be ordered by the court to makerestitution, as the court deems appropriate, to any innocent property ownerwhose property is damaged, destroyed, or otherwise rendered unusable as aresult of such methamphetamine production. This restitution may include theperson's or his estate's estimated or actual expenses associated withcleanup, removal, or repair of the affected property.
D. If such person proves that he gave, distributed or possessed with intentto give or distribute a controlled substance classified in Schedule I or IIonly as an accommodation to another individual who is not an inmate in acommunity correctional facility, local correctional facility or statecorrectional facility as defined in § 53.1-1 or in the custody of an employeethereof, and not with intent to profit thereby from any considerationreceived or expected nor to induce the recipient or intended recipient of thecontrolled substance to use or become addicted to or dependent upon suchcontrolled substance, he shall be guilty of a Class 5 felony.
E. If the violation of the provisions of this article consists of the fillingby a pharmacist of the prescription of a person authorized under this articleto issue the same, which prescription has not been received in writing by thepharmacist prior to the filling thereof, and such written prescription is infact received by the pharmacist within one week of the time of filling thesame, or if such violation consists of a request by such authorized personfor the filling by a pharmacist of a prescription which has not been receivedin writing by the pharmacist and such prescription is, in fact, written atthe time of such request and delivered to the pharmacist within one weekthereof, either such offense shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a controlledsubstance classified in Schedule III except for an anabolic steroidclassified in Schedule III, constituting a violation of § 18.2-248.5, shallbe guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a controlledsubstance classified in Schedule IV shall be guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with theintent to give or distribute a controlled substance classified in ScheduleIII or IV, except for an anabolic steroid classified in Schedule III,constituting a violation of § 18.2-248.5, only as an accommodation to anotherindividual who is not an inmate in a community correctional facility, localcorrectional facility or state correctional facility as defined in § 53.1-1or in the custody of an employee thereof, and not with the intent to profitthereby from any consideration received or expected nor to induce therecipient or intended recipient of the controlled substance to use or becomeaddicted to or dependent upon such controlled substance, is guilty of a Class1 misdemeanor.
F. Any person who violates this section with respect to a controlledsubstance classified in Schedule V or Schedule VI or an imitation controlledsubstance which imitates a controlled substance classified in Schedule V orSchedule VI, shall be guilty of a Class 1 misdemeanor.
G. Any person who violates this section with respect to an imitationcontrolled substance which imitates a controlled substance classified inSchedule I, II, III, or IV shall be guilty of a Class 6 felony. In anyprosecution brought under this subsection, it is not a defense to a violationof this subsection that the defendant believed the imitation controlledsubstance to actually be a controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses withthe intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectableamount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectableamount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2which contains cocaine base;
4. 100 kilograms or more of a mixture or substance containing a detectableamount of marijuana; or
5. 100 grams or more of methamphetamine, its salts, isomers, or salts of itsisomers or 200 grams or more of a mixture or substance containing adetectable amount of methamphetamine, its salts, isomers, or salts of itsisomers shall be guilty of a felony punishable by a fine of not more than $1million and imprisonment for 20 years to life, 20 years of which shall be amandatory minimum sentence. Such mandatory minimum sentence shall not beapplicable if the court finds that (i) the person does not have a priorconviction for an offense listed in subsection C of § 17.1-805; (ii) theperson did not use violence or credible threats of violence or possess afirearm or other dangerous weapon in connection with the offense or induceanother participant in the offense to do so; (iii) the offense did not resultin death or serious bodily injury to any person; (iv) the person was not anorganizer, leader, manager, or supervisor of others in the offense, and wasnot engaged in a continuing criminal enterprise as defined in subsection I ofthis section; and (v) not later than the time of the sentencing hearing, theperson has truthfully provided to the Commonwealth all information andevidence the person has concerning the offense or offenses that were part ofthe same course of conduct or of a common scheme or plan, but the fact thatthe person has no relevant or useful other information to provide or that theCommonwealth already is aware of the information shall not preclude adetermination by the court that the defendant has complied with thisrequirement.
H1. Any person who was the principal or one of several principaladministrators, organizers or leaders of a continuing criminal enterpriseshall be guilty of a felony if (i) the enterprise received at least $100,000but less than $250,000 in gross receipts during any 12-month period of itsexistence from the manufacture, importation, or distribution of heroin orcocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, orsalts of isomers thereof or marijuana or (ii) the person engaged in theenterprise to manufacture, sell, give, distribute or possess with the intentto manufacture, sell, give or distribute the following during any 12-monthperiod of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture orsubstance containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture orsubstance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture orsubstance described in subdivision 2 which contains cocaine base;
4. At least 100 kilograms but less than 250 kilograms of a mixture orsubstance containing a detectable amount of marijuana; or
5. At least 100 grams but less than 250 grams of methamphetamine, its salts,isomers, or salts of its isomers or at least 200 grams but less than 1.0kilograms of a mixture or substance containing a detectable amount ofmethamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not morethan $1 million and imprisonment for 20 years to life, 20 years of whichshall be a mandatory minimum sentence.
H2. Any person who was the principal or one of several principaladministrators, organizers or leaders of a continuing criminal enterprise if(i) the enterprise received $250,000 or more in gross receipts during any12-month period of its existence from the manufacture, importation, ordistribution of heroin or cocaine or ecgonine or methamphetamine or thederivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii)the person engaged in the enterprise to manufacture, sell, give, distributeor possess with the intent to manufacture, sell, give or distribute thefollowing during any 12-month period of its existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectableamount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectableamount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from whichcocaine, ecgonine, and derivatives of ecgonine or their salts have beenremoved;
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 anyof the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision2 which contains cocaine base;
4. At least 250 kilograms of a mixture or substance containing a detectableamount of marijuana; or
5. At least 250 grams of methamphetamine, its salts, isomers, or salts of itsisomers or at least 1.0 kilograms of a mixture or substance containing adetectable amount of methamphetamine, its salts, isomers, or salts of itsisomers shall be guilty of a felony punishable by a fine of not more than $1million and imprisonment for life, which shall be served with no suspensionin whole or in part. Such punishment shall be made to run consecutively withany other sentence. However, the court may impose a mandatory minimumsentence of 40 years if the court finds that the defendant substantiallycooperated with law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminalenterprise if (i) he violates any provision of this section, the punishmentfor which is a felony and either (ii) such violation is a part of acontinuing series of violations of this section which are undertaken by suchperson in concert with five or more other persons with respect to whom suchperson occupies a position of organizer, a supervisory position, or any otherposition of management, and from which such person obtains substantial incomeor resources or (iii) such violation is committed, with respect tomethamphetamine or other controlled substance classified in Schedule I or II,for the benefit of, at the direction of, or in association with any criminalstreet gang as defined in § 18.2-46.1.
J. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), anyperson who possesses any two or more different substances listed below withthe intent to manufacture methamphetamine, methcathinone or amphetamine isguilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus acidsolutions, hypophosphite salts, hydrochloric acid, iodine crystals ortincture of iodine, phenylacetone, phenylacetic acid, red phosphorus,methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid,sodium hydroxide, potassium dichromate, sodium dichromate, potassiumpermanganate, chromium trioxide, methylbenzene, methamphetamine precursordrugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article,means a drug or product containing ephedrine, pseudoephedrine, orphenylpropanolamine or any of their salts, optical isomers, or salts ofoptical isomers.
(Code 1950, § 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586; 1975,cc. 14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435;1982, cc. 276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82;1991, c. 13; 1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc.1020, 1041; 2004, c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697,759; 2008, cc. 79, 618; 2009, c. 750.)
