2006 Code of Virginia § 18.2-248.1 - Penalties for sale, gift, distribution or possession with intent to sell, give or distribute mariju...

18.2-248.1. Penalties for sale, gift, distribution or possession withintent to sell, give or distribute marijuana.

Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, itshall be unlawful for any person to sell, give, distribute or possess withintent to sell, give or distribute marijuana.

(a) Any person who violates this section with respect to:

(1) Not more than one-half ounce of marijuana is guilty of a Class 1misdemeanor;

(2) More than one-half ounce but not more than five pounds of marijuana isguilty of a Class 5 felony;

(3) More than five pounds of marijuana is guilty of a felony punishable byimprisonment of not less than five nor more than 30 years.

If such person proves that he gave, distributed or possessed with intent togive or distribute marijuana only as an accommodation to another individualand not with intent to profit thereby from any consideration received orexpected nor to induce the recipient or intended recipient of the marijuanato use or become addicted to or dependent upon such marijuana, he shall beguilty of a Class 1 misdemeanor.

(b) Any person who gives, distributes or possesses marijuana as anaccommodation and not with intent to profit thereby, to an inmate of a stateor local correctional facility as defined in 53.1-1, or in the custody ofan employee thereof shall be guilty of a Class 4 felony.

(c) Any person who manufactures marijuana, or possesses marijuana with theintent to manufacture such substance, not for his own use is guilty of afelony punishable by imprisonment of not less than five nor more than 30years and a fine not to exceed $10,000.

(d) When a person is convicted of a third or subsequent felony offense underthis section and it is alleged in the warrant, indictment or information thathe has been before convicted of two or more felony offenses under thissection or of substantially similar offenses in any other jurisdiction whichoffenses would be felonies if committed in the Commonwealth and such priorconvictions occurred before the date of the offense alleged in the warrant,indictment or information, he shall be sentenced to imprisonment for life orfor any period not less than five years, five years of which shall be amandatory minimum term of imprisonment to be served consecutively with anyother sentence and he shall be fined not more than $500,000.

(1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461; 2006,cc. 697, 759.)


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