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The Wilson Law Firm

Do You Know What Penalties You May Face for a Virginia Drug Offense?

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Have you ever wondered what the penalties are for drug offenses in the state of Virginia? There are often some misconceptions regarding fines, prison time, misdemeanor offense level, and whether or not possession or distribution of drugs is considered a felony. The punishments and penalties are different depending upon which drug offenses you are arrested for and which state you are convicted in.

In the state of Virginia, the penalties for selling, distributing, or gifting marijuana include:

  • Class 1 misdemeanor - If you are selling, distributing or gifting less than one-half ounce of marijuana
  • Class 1 misdemeanor - If you give another person marijuana with no intent to profit
  • Class 4 felony - If you give an inmate of a correctional facility marijuana with no intent to profit
  • Class 5 felony - If you are selling, distributing or gifting between one-half ounce and five pounds of marijuana
  • Felony and imprisonment - If you manufacture marijuana or distribute it with the intent to profit, this felony is punishable by no less than five years and no more than 30 years of jail time. This fine cannot exceed $10,000.
  • Felony and imprisonment - If you are selling, distributing or gifting over five pounds, jail time is no less than five years and no more than 30 years for this drug offense.
  • Fined and imprisonment - If you are convicted of a third felony drug offense in Virginia, the prison sentence is no less than five years to life imprisonment. The fines cannot exceed $500,000.

In the state of Virginia, the penalties for selling drug paraphernalia, the equipment used to make, use or conceal drugs, include:

  • Class 1 misdemeanor - If you sell, posses or intend to sell any type of drug paraphernalia knowing that it is designed for illegal use
  • Class 1 misdemeanor - If you distribute drug paraphernalia to a minor
  • Class 6 felony - If you are over 18 years of age and sell drug paraphernalia to a minor, who is more than three years younger

In the state of Virginia, the penalties for transporting more than one ounce of cocaine, one ounce of any other controlled substance, or more than five pounds of marijuana into the Commonwealth with the intent to sell or distribute it, face:

  • Felony and imprisonment - If convicted, prison sentence will be no less than five years and no more than 40 years. The fine cannot exceed $ 1,000,000.00.
  • Imprisonment - If convicted two or more times for this drug offense in Virginia, the prison term is no less than 10 years.

If you are charged with a drug crime in the state of Virginia, call the Wilson Law Firm today at (800) DUI-LWYR or (703) 361-6100 and speak with an experienced Virginia criminal defense lawyer. We can offer you a free legal consultation and discuss your next steps. 

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