2006 Code of Virginia § 18.2-255.2 - Prohibiting the sale or manufacture of drugs on or near certain properties; penalty

18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certainproperties; penalty.

A. It shall be unlawful for any person to manufacture, sell or distribute orpossess with intent to sell, give or distribute any controlled substance,imitation controlled substance or marijuana while:

(i) upon the property, including buildings and grounds, of any public orprivate elementary, secondary, or post secondary school, or any public orprivate two-year or four-year institution of higher education, or any clearlymarked licensed child day center as defined in 63.2-100;

(ii) upon public property or any property open to public use within 1,000feet of the property described in clause (i);

(iii) on any school bus as defined in 46.2-100;

(iv) upon a designated school bus stop, or upon either public property or anyproperty open to public use which is within 1,000 feet of such school busstop, during the time when school children are waiting to be picked up andtransported to or are being dropped off from school or a school-sponsoredactivity;

(v) upon the property, including buildings and grounds, of any publicly ownedor publicly operated recreation or community center facility or any publiclibrary; or

(vi) upon the property of any state facility as defined in 37.2-100 or uponpublic property or property open to public use within 1,000 feet of such aninstitution. It is a violation of the provisions of this section if theperson possessed the controlled substance, imitation controlled substance ormarijuana on the property described in clauses (i) through (vi) of thissubsection, regardless of where the person intended to sell, give ordistribute the controlled substance, imitation controlled substance ormarijuana. Nothing in this section shall prohibit the authorized distributionof controlled substances.

B. Violation of this section shall constitute a separate and distinct felony.Any person violating the provisions of this section shall, upon conviction,be imprisoned for a term of not less than one year nor more than five yearsand fined not more than $100,000. A second or subsequent conviction hereunderfor an offense involving a controlled substance classified in Schedule I, II,or III of the Drug Control Act ( 54.1-3400 et seq.) or more than one-halfounce of marijuana shall be punished by a mandatory minimum term ofimprisonment of one year to be served consecutively with any other sentence.However, if such person proves that he sold such controlled substance ormarijuana only as an accommodation to another individual and not with intentto profit thereby from any consideration received or expected nor to inducethe recipient or intended recipient of the controlled substance or marijuanato use or become addicted to or dependent upon such controlled substance ormarijuana, he shall be guilty of a Class 1 misdemeanor.

C. If a person commits an act violating the provisions of this section, andthe same act also violates another provision of law that provides forpenalties greater than those provided for by this section, then nothing inthis section shall prohibit or bar any prosecution or proceeding under thatother provision of law or the imposition of any penalties provided forthereby.

(1982, c. 594; 1989, cc. 619, 682, 709; 1990, cc. 617, 622; 1991, c. 268;1991, 1st Sp. Sess., c. 14; 1993, cc. 30, 708, 729; 1999, c. 873; 2000, cc.1020, 1041; 2003, cc. 80, 91; 2004, c. 461; 2005, c. 716; 2006, c. 325.)

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