Virginia criminal charge
Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited in Virginia
Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-248. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-248.
How is manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture/distribution — accommodation, Schedule I or II | class 5 felony | Applies when the person proves the act was done only as an accommodation to another individual (not an inmate), without intent to profit or induce addiction, involving a Schedule I or II controlled substance. | Va. Code Ann. § 18.2-248D |
| Pharmacist filling unwritten prescription | class 4 misdemeanor | Applies when a pharmacist fills or an authorized person requests filling of a prescription not received in writing beforehand, but the written prescription is received within one week. | Va. Code Ann. § 18.2-248E |
| Manufacture/distribution — Schedule V or VI or imitation thereof | class 1 misdemeanor | Applies to violations involving a controlled substance classified in Schedule V or VI, or an imitation controlled substance imitating such a substance. | Va. Code Ann. § 18.2-248F |
| Manufacture/distribution — imitation controlled substance imitating Schedule I-IV | class 6 felony | Applies when the substance is an imitation controlled substance that imitates a controlled substance classified in Schedule I, II, III, or IV. | Va. Code Ann. § 18.2-248G |
| Possession of two or more precursor chemicals with intent to manufacture methamphetamine, methcathinone, or amphetamine | class 6 felony | Applies when a person possesses any two or more listed precursor substances with intent to manufacture methamphetamine, methcathinone, or amphetamine. | Va. Code Ann. § 18.2-248J |
Common questions about manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited in Virginia
Is manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited a felony or a misdemeanor in Virginia?
It depends on the circumstances: manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited ranges from a class 4 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-248.
Manufacture/distribution — accommodation, Schedule I or II: class 5 felony (Va. Code Ann. § 18.2-248D) · Pharmacist filling unwritten prescription: class 4 misdemeanor (Va. Code Ann. § 18.2-248E) · Manufacture/distribution — Schedule V or VI or imitation thereof: class 1 misdemeanor (Va. Code Ann. § 18.2-248F) · Manufacture/distribution — imitation controlled substance imitating Schedule I-IV: class 6 felony (Va. Code Ann. § 18.2-248G) · Possession of two or more precursor chemicals with intent to manufacture methamphetamine, methcathinone, or amphetamine: class 6 felony (Va. Code Ann. § 18.2-248J)
Which Virginia statute covers manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited?
Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited is governed by Va. Code Ann. § 18.2-248 (Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.