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Distribution, Possession with the Intent to Distribute & Manufacture of Marijuana
§ 18.2-248.1 of the Code of Virginia
In Virginia, the distribution or the possession with the intent to distribute Marijuana can result in a serious criminal drug conviction. The weight of the marijuana found determines the severity of the offense.
- If the marijuana located weighs half an ounce or less, a person can be convicted of a Class 1 Misdemeanor (up to 12 months in jail and a fine not to exceed $2,500.00).
- If the marijuana located weighs more than a half an ounce but no more than five pounds, a person can be convicted of a Class 5 Felony (up to 10 years incarceration and a fine not to exceed $2,500.00).
- Should the marijuana located weigh more than five pounds, a person can be sentenced to no less than 5 years and nor more than 30 years of incarceration.
- Key note: While the Court is required to sentence a person to at least five years of incarceration upon conviction, the Court may suspend a portion of or all of that sentence upon certain conditions. What does this mean? Just because you are charged with this offense does not mean you will automatically go to jail for five years.
Separately, Virginia punishes to act of manufacturing marijuana harshly. Any person who manufactures marijuana, not for his own use, can be punished with incarceration for not less than five nor more than 30 years and a fine not to exceed $10,000.
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