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§ 18.2-255 Distribution of certain drugs to persons under 18 prohibited; penalty

A. Except as authorized in the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, it shall be unlawful for any person who is at least 18 years of age to knowingly or intentionally (i) distribute any drug classified in Schedule I, II, III or IV or marijuana to any person under 18 years of age who is at least three years his junior or (ii) cause any person under 18 years of age to assist in such distribution of any drug classified in Schedule I, II, III or IV or marijuana. Any person violating this provision shall upon conviction be imprisoned in a state correctional facility for a period not less than 10 nor more than 50 years, and fined not more than $100,000. Five years of the sentence imposed for a conviction under this section involving a Schedule I or II controlled substance or one ounce or more of marijuana shall be a mandatory minimum sentence. Two years of the sentence imposed for a conviction under this section involving less than one ounce of marijuana shall be a mandatory minimum sentence.

B. It shall be unlawful for any person who is at least 18 years of age to knowingly or intentionally (i) distribute any imitation controlled substance to a person under 18 years of age who is at least three years his junior or (ii) cause any person under 18 years of age to assist in such distribution of any imitation controlled substance. Any person violating this provision shall be guilty of a Class 6 felony.

History

The record of this law’s original creation isn’t available online. It has been modified 12 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 650; in 1972, chapter 798; in 1975, chapters 14 and 15; in 1976, chapter 614; in 1979, chapter 435; in 1982, chapter 462; in 1990, chapters 720, 864, and 866; in 1992, chapters 708 and 724; in 2000, chapters 1020 and 1041; in 2004, chapter 461; in 2011, chapters 384 and 410; in 2014, chapters 674 and 719.

Code 1950, § 54-524.103; 1970, c. 650; 1972, c. 798; 1975, cc. 14, 15; 1976, c. 614; 1979, c. 435; 1982, c. 462; 1990, cc. 720, 864, 866; 1992, cc. 708, 724; 2000, cc. 1020, 1041; 2004, c. 461; 2011, cc. 384, 410; 2014, cc. 674, 719.

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This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

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Court Decisions

Kelso v. Com. (SCV, 06/09/11)
. . . 710 S.E.2d 470 (2011) . . .
Kelso v. Commonwealth (COA, 08/31/10)
. . . 698 S.E.2d 263 (2010) . . .
Toliver v. Commonwealth (COA, 04/02/02)
. . . 561 S.E.2d 743 (2002) . . .
Tony Orlando Hughes v. Commonwealth of Virginia (COA, 09/12/00)
. . . OVERTON, Senior Judge. . . .
Graves v. Commonwealth (SCV, 10/12/17)
. . . OPINION BY JUSTICE STEPHEN R. McCULLOUGH . . .
Graves v. Commonwealth (SCV, 10/12/17)
. . . PRESENT: All the Justices . . .
United States v. George W. Cephas (Court of Appeals for the Fourth Circuit, 06/19/01)
. . . Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge WILKINS . . .
United States v. Cephas (Court of Appeals for the Fourth Circuit, 06/19/01)
. . . PUBLISHED . . .
Phillips v. Commonwealth (COA, 06/30/98)
. . . 500 S.E.2d 848 (1998) . . .
Pannell v. Commonwealth (COA, 10/03/89)
. . . 384 S.E.2d 344 (1989) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB1347: Drugs; punishment for distributing, manufacturing, etc..
SB553: Drugs; punishment for distributing, manufacturing, etc..
HB1134: Marijuana; decriminalizes simple possession thereof, civil penalty. (failed)
SB926: Marijuana, synthetic; penalties for possession, intent to sell, distribute, etc.
SB1373: Cannabinoids, synthetic; penalties for possession, sale, etc.
HB1112: Controlled substance analogs; regulation by Board of Pharmacy, synthetic cannabinoids, penalties. (passed)
SB594: Controlled substance analogs; regulation by Board of Pharmacy, synthetic cannabinoids, penalties. (passed)
HB2371: Marijuana; legalization of simple marijuana possession, penalty. (failed)
HB2373: Marijuana; legalization of simple marijuana possession, penalty. (failed)
HB87: Marijuana; legalization of simple possession, penalties. (failed)
HB269: Marijuana; legalization of simple marijuana possession, penalty. (failed)
HB87: Marijuana; legalization of simple possession, penalties.
HB269: Marijuana; legalization of simple marijuana possession, penalty.
HB1815: Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
HB2312: Marijuana; legalization of simple possession, etc.
HB2312: Marijuana; legalization of simple possession, etc.
HB2331: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
HB2331: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
SB1243: Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
SB1406: Marijuana; legalization of simple possession, penalties.
SB1406: Marijuana; legalization of simple possession, penalties.
SB1443: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
SB1443: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
HB361: Marijuana; allowing access to, purchase for, or provision to minors, penalties. (failed)
HB430: Cannabis control; retail market, penalties. (failed)
HB950: Cannabis control; retail market, penalties. (failed)
SB104: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term. (failed)
SB252: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
SB391: Cannabis control; retail market.
HB1750: Cannabis control; establishes framework for creation of retail marijuana market. (failed)
HB1960: Felony offenses; elimination of mandatory minimum sentences. (failed)
SB391: Cannabis control; retail market. (failed)
SB391: Cannabis control; retail market. (failed)
HB773: Marijuana; modifies criminal penalties. (failed)
SB448: Cannabis control; establishes a framework for creation of a retail marijuana market, penalties. (failed)
HB2176: Marijuana-related offenses; modification of sentence, sunset. (failed)
HB2485: Cannabis control; establishes framework for creating retail market, penalties. (failed)
HB2555: Marijuana-related offenses; modification of sentence, sunset. (failed)
SB970: Cannabis control; establishes framework for creating retail market, penalties. (failed)
HB26: Marijuana-related offenses; modification of sentence, sunset. (passed)
HB244: Robbery; conforms certain provisions of Code to degrees of robbery offenses.
HB642: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report. (failed)
HB863: Offenses, certain; elimination of mandatory minimum sentences. (failed)
HB1082: Crimes by gangs; definition of "predicate criminal act", penalties.
SB62: Marijuana-related offenses; modification of sentence, sunset. (passed)
SB307: Crimes by gangs; definition of "predicate criminal act", penalties.
SB542: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.
SB671: Cannabis control; retail market; penalties.
SB826: Marijuana; creates framework for retail sales.