3 main drug crimes in VA:
The crime of drug possession occurs when a person possesses any controlled substance without a valid prescription
The crime of drug sale or distribution occurs when a person sells, provides, gives away, delivers, or distributes a controlled substance.
The crime drug manufacturing occurs when a person produces a controlled substance without legal authorization or possesses chemicals used in the manufacture of a controlled substance with intent to manufacture.
The crime drug manufacturing occurs when a person produces a controlled substance without legal authorization or possesses chemicals used in the manufacture of a controlled substance with intent to manufacture.
Violations
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Penalties (Code of Virginia § 18.2-248)
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Possession
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Possession of Schedule I or II controlled substance
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Class 5 felony – imprisonment of one to 10 years, or confinement in jail for up to 12 months and a fine of up to $2,500, either or both.
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Possession of Schedule III controlled substance
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Class 1 misdemeanor – confinement in jail for up to 12 months and a fine of up to $2,500, either or both.
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Possession of Schedule IV controlled substance
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Class 2 misdemeanor – confinement in jail for up to six months and a fine of up to $1,000, either or both.
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Possession of Schedule V controlled substance
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Class 3 misdemeanor – fine of up to $500.
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Possession of Schedule VI controlled substance
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Class 4 misdemeanor – fine of up to $250.
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Possession of marijuana, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is:
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Misdemeanor confinement in jail for up to 30 days and a fine of up to $500, either or both.
Upon a second conviction, punishment is confinement in jail for up to one year and a fine of up to $2,500, either or both.
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Possession of Schedule I or II controlled substance with the intent to sell or otherwise distribute
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Felony conviction - imprisonment from five to 40 years and a fine of up to $500,000.
Upon a second conviction, the violator must be imprisoned for not less than five years but may suffer life imprisonment, and fined up to $500,000.
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Possession of Schedules III, IV, or V controlled substance with the intent to sell or otherwise distribute
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Misdemeanor conviction - confinement in jail for up to one year and a fine of up to $2,500, either or both.
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Possession of less than one-half ounce of marijuana with intent to sell or otherwise distribute
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Misdemeanor conviction - confinement in jail for up to one year and a fine of up to $2,500, either or both.
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Possession of more than one-half ounce to five pounds of marijuana with intent to sell or otherwise distribute
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Felony conviction - imprisonment from one to 10 years, or at the discretion of the jury or the court trying the case without a jury, confinement in jail for up to one year and a fine of up to $2,500, either or both.
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