Virginia criminal charge
Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance in Virginia
Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-248.05. 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. § 18.2-248.05.
What is the penalty for prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Prohibited equipment - general violation — Any person who possesses, purchases, sells, gives, distributes, or possesses with intent to sell, give, or distribute an encapsulating machine or tableting machine used to introduce a controlled substance into the human body, without the requisite knowledge or intent regarding Schedule I/II substances or controlled substance analogs.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Prohibited equipment - general violation — Any person who possesses, purchases, sells, gives, distributes, or possesses with intent to sell, give, or distribute an encapsulating machine or tableting machine used to introduce a controlled substance into the human body, without the requisite knowledge or intent regarding Schedule I/II substances or controlled substance analogs.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Prohibited equipment - intended for Schedule I/II or analog manufacture — The violation is committed knowing, intending, or having reasonable cause to believe the equipment will be used to unlawfully manufacture a controlled substance or counterfeit controlled substance containing a Schedule I or II substance or a controlled substance analog.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Prohibited equipment - intended for Schedule I/II or analog manufacture — The violation is committed knowing, intending, or having reasonable cause to believe the equipment will be used to unlawfully manufacture a controlled substance or counterfeit controlled substance containing a Schedule I or II substance or a controlled substance analog.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Prohibited equipment - general violation | class 6 felony | Any person who possesses, purchases, sells, gives, distributes, or possesses with intent to sell, give, or distribute an encapsulating machine or tableting machine used to introduce a controlled substance into the human body, without the requisite knowledge or intent regarding Schedule I/II substances or controlled substance analogs. | Va. Code Ann. § 18.2-248.05B |
| Prohibited equipment - intended for Schedule I/II or analog manufacture | class 5 felony | The violation is committed knowing, intending, or having reasonable cause to believe the equipment will be used to unlawfully manufacture a controlled substance or counterfeit controlled substance containing a Schedule I or II substance or a controlled substance analog. | Va. Code Ann. § 18.2-248.05B |
Common questions about prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance in Virginia
Is prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance a felony or a misdemeanor in Virginia?
It depends on the circumstances: prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance ranges from a class 6 felony to a class 5 felony in Virginia under Va. Code Ann. § 18.2-248.05.
Prohibited equipment - general violation: class 6 felony (Va. Code Ann. § 18.2-248.05B) · Prohibited equipment - intended for Schedule I/II or analog manufacture: class 5 felony (Va. Code Ann. § 18.2-248.05B)
What are the penalties for prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance in Virginia?
Penalties for prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance in Virginia depend on how it is classified — from a class 6 felony up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance?
Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance is governed by Va. Code Ann. § 18.2-248.05 (Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance; 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.