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Virginia statute

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

Current through 2026 Regular Session

Part of Article 1: Drugs, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-248.05

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-248.05Primary source, current through the 2026 Regular Session
A. For the purposes of this section: "Encapsulating machine" means manual, semiautomatic, or fully automatic equipment that can be used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent solid contents. "Tableting machine" means manual, semiautomatic, or fully automatic equipment that can be used to compact, compress, or mold powdered or granular solids or semisolid material to produce fused coherent solid tablets. B. Except for manufacturers, outsourcing facilities, and pharmacies permitted pursuant to the Drug Control Act (§ 54.1-3400 et seq.), it is unlawful for any person to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. Any person who violates this section is guilty of a Class 6 felony. However, any person who violates this section knowing, intending, or having reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act or (ii) a controlled substance analog as defined in § 54.1-3456 is guilty of a Class 5 felony.

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Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.