{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-248.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-248.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-248.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-248.02.html"}],"law_id":56536,"edition_id":1,"section_id":56536,"structure_id":13207,"section_number":"18.2-248.02","catch_line":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","history":"2005, cc. 923, 941; 2013, c. 743; 2024, c. 371.","full_text":"Any person 18 years of age or older who knowingly allows (i) a minor under the age of 15, (ii) a minor 15 years of age or older with whom he maintains a custodial relationship, including but not limited to as a parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such minor, or (iii) a mentally incapacitated or physically helpless person of any age, to be present in the same dwelling, apartment as defined by \u00a7 55.1-2000, unit of a hotel as defined in \u00a7 35.1-1, garage, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine as prohibited by subsection C1 of \u00a7 18.2-248 or any substance containing a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.","order_by":null,"text":{"0":{"id":206936,"text":"Any person 18 years of age or older who knowingly allows (i) a minor under the age of 15, (ii) a minor 15 years of age or older with whom he maintains a custodial relationship, including but not limited to as a parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such minor, or (iii) a mentally incapacitated or physically helpless person of any age, to be present in the same dwelling, apartment as defined by \u00a7 55.1-2000, unit of a hotel as defined in \u00a7 35.1-1, garage, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine as prohibited by subsection C1 of \u00a7 18.2-248 or any substance containing a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13207,"edition_id":1,"name":"Drugs","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":166503,"object_type":"structure","relational_id":13207,"identifier":"1","token":"18.2\/7\/1","url":"\/18.2\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84070,"structure_id":13207,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","url":"\/18.2-247\/","token":"18.2\/7\/1\/18.2-247","metadata":false},{"id":68693,"structure_id":13207,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","url":"\/18.2-248\/","token":"18.2\/7\/1\/18.2-248","metadata":false},{"id":76843,"structure_id":13207,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","url":"\/18.2-248.01\/","token":"18.2\/7\/1\/18.2-248.01","metadata":false},{"id":56536,"structure_id":13207,"section_number":"18.2-248.02","catch_line":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","url":"\/18.2-248.02\/","token":"18.2\/7\/1\/18.2-248.02","metadata":false},{"id":71689,"structure_id":13207,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","url":"\/18.2-248.03\/","token":"18.2\/7\/1\/18.2-248.03","metadata":false},{"id":60978,"structure_id":13207,"section_number":"18.2-248.04","catch_line":"Methamphetamine Cleanup Fund established","url":"\/18.2-248.04\/","token":"18.2\/7\/1\/18.2-248.04","metadata":false},{"id":80122,"structure_id":13207,"section_number":"18.2-248.05","catch_line":"Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance; penalties","url":"\/18.2-248.05\/","token":"18.2\/7\/1\/18.2-248.05","metadata":false},{"id":60632,"structure_id":13207,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","url":"\/18.2-248.1\/","token":"18.2\/7\/1\/18.2-248.1","metadata":false},{"id":84921,"structure_id":13207,"section_number":"18.2-248.1:1","catch_line":"Repealed","url":"\/18.2-248.1_1\/","token":"18.2\/7\/1\/18.2-248.1_1","metadata":false},{"id":79095,"structure_id":13207,"section_number":"18.2-248.2","catch_line":"Repealed","url":"\/18.2-248.2\/","token":"18.2\/7\/1\/18.2-248.2","metadata":false},{"id":63135,"structure_id":13207,"section_number":"18.2-248.3","catch_line":"Professional use of imitation controlled substances","url":"\/18.2-248.3\/","token":"18.2\/7\/1\/18.2-248.3","metadata":false},{"id":74647,"structure_id":13207,"section_number":"18.2-248.4","catch_line":"Advertisement of imitation controlled substances prohibited; penalty","url":"\/18.2-248.4\/","token":"18.2\/7\/1\/18.2-248.4","metadata":false},{"id":61670,"structure_id":13207,"section_number":"18.2-248.5","catch_line":"Illegal stimulants and steroids; penalty","url":"\/18.2-248.5\/","token":"18.2\/7\/1\/18.2-248.5","metadata":false},{"id":85537,"structure_id":13207,"section_number":"18.2-248.6","catch_line":"Repealed","url":"\/18.2-248.6\/","token":"18.2\/7\/1\/18.2-248.6","metadata":false},{"id":67721,"structure_id":13207,"section_number":"18.2-248.8","catch_line":"Repealed","url":"\/18.2-248.8\/","token":"18.2\/7\/1\/18.2-248.8","metadata":false},{"id":80562,"structure_id":13207,"section_number":"18.2-249","catch_line":"Repealed","url":"\/18.2-249\/","token":"18.2\/7\/1\/18.2-249","metadata":false},{"id":58255,"structure_id":13207,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","url":"\/18.2-250\/","token":"18.2\/7\/1\/18.2-250","metadata":false},{"id":72485,"structure_id":13207,"section_number":"18.2-250.1","catch_line":"Repealed","url":"\/18.2-250.1\/","token":"18.2\/7\/1\/18.2-250.1","metadata":false},{"id":68547,"structure_id":13207,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","url":"\/18.2-251\/","token":"18.2\/7\/1\/18.2-251","metadata":false},{"id":82839,"structure_id":13207,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","url":"\/18.2-251.01\/","token":"18.2\/7\/1\/18.2-251.01","metadata":false},{"id":58651,"structure_id":13207,"section_number":"18.2-251.02","catch_line":"Drug Offender Assessment and Treatment Fund","url":"\/18.2-251.02\/","token":"18.2\/7\/1\/18.2-251.02","metadata":false},{"id":71520,"structure_id":13207,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","url":"\/18.2-251.03\/","token":"18.2\/7\/1\/18.2-251.03","metadata":false},{"id":67911,"structure_id":13207,"section_number":"18.2-251.1","catch_line":"Possession or distribution of marijuana for medical purposes permitted","url":"\/18.2-251.1\/","token":"18.2\/7\/1\/18.2-251.1","metadata":false},{"id":58050,"structure_id":13207,"section_number":"18.2-251.1:1","catch_line":"Possession or distribution of cannabis oil; public schools","url":"\/18.2-251.1_1\/","token":"18.2\/7\/1\/18.2-251.1_1","metadata":false},{"id":56326,"structure_id":13207,"section_number":"18.2-251.1:2","catch_line":"Possession or distribution of cannabis oil; nursing homes and certified nursing facilities; hospice and hospice facilities; assisted living facilities","url":"\/18.2-251.1_2\/","token":"18.2\/7\/1\/18.2-251.1_2","metadata":false},{"id":57833,"structure_id":13207,"section_number":"18.2-251.1:3","catch_line":"Possession or distribution of cannabis oil, or industrial hemp; laboratories; Department of Agriculture and Consumer Services, Department of Law employees","url":"\/18.2-251.1_3\/","token":"18.2\/7\/1\/18.2-251.1_3","metadata":false},{"id":60795,"structure_id":13207,"section_number":"18.2-251.2","catch_line":"Possession and distribution of flunitrazepam; enhanced penalty","url":"\/18.2-251.2\/","token":"18.2\/7\/1\/18.2-251.2","metadata":false},{"id":81533,"structure_id":13207,"section_number":"18.2-251.3","catch_line":"Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty","url":"\/18.2-251.3\/","token":"18.2\/7\/1\/18.2-251.3","metadata":false},{"id":57979,"structure_id":13207,"section_number":"18.2-251.4","catch_line":"Defeating drug and alcohol screening tests; penalty","url":"\/18.2-251.4\/","token":"18.2\/7\/1\/18.2-251.4","metadata":false},{"id":66570,"structure_id":13207,"section_number":"18.2-251.5","catch_line":"Manufacturing, selling, giving, distributing, or possessing xylazine; penalties","url":"\/18.2-251.5\/","token":"18.2\/7\/1\/18.2-251.5","metadata":false},{"id":65343,"structure_id":13207,"section_number":"18.2-252","catch_line":"Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education","url":"\/18.2-252\/","token":"18.2\/7\/1\/18.2-252","metadata":false},{"id":79890,"structure_id":13207,"section_number":"18.2-253","catch_line":"Repealed","url":"\/18.2-253\/","token":"18.2\/7\/1\/18.2-253","metadata":false},{"id":79884,"structure_id":13207,"section_number":"18.2-254","catch_line":"Commitment of convicted person for treatment for substance abuse","url":"\/18.2-254\/","token":"18.2\/7\/1\/18.2-254","metadata":false},{"id":56553,"structure_id":13207,"section_number":"18.2-254.1","catch_line":"Recovery Court Act","url":"\/18.2-254.1\/","token":"18.2\/7\/1\/18.2-254.1","metadata":false},{"id":71021,"structure_id":13207,"section_number":"18.2-254.2","catch_line":"Specialty dockets; report","url":"\/18.2-254.2\/","token":"18.2\/7\/1\/18.2-254.2","metadata":false},{"id":69159,"structure_id":13207,"section_number":"18.2-254.3","catch_line":"Behavioral Health Docket Act","url":"\/18.2-254.3\/","token":"18.2\/7\/1\/18.2-254.3","metadata":false},{"id":55615,"structure_id":13207,"section_number":"18.2-255","catch_line":"Distribution of certain drugs to persons under 18 prohibited; penalty","url":"\/18.2-255\/","token":"18.2\/7\/1\/18.2-255","metadata":false},{"id":71098,"structure_id":13207,"section_number":"18.2-255.1","catch_line":"Distribution, sale or display of printed material advertising instruments for use in administering marijuana or controlled substances to minors; penalty","url":"\/18.2-255.1\/","token":"18.2\/7\/1\/18.2-255.1","metadata":false},{"id":79362,"structure_id":13207,"section_number":"18.2-255.2","catch_line":"Prohibiting the sale or manufacture of drugs on or near certain properties; penalty","url":"\/18.2-255.2\/","token":"18.2\/7\/1\/18.2-255.2","metadata":false},{"id":78614,"structure_id":13207,"section_number":"18.2-256","catch_line":"Conspiracy","url":"\/18.2-256\/","token":"18.2\/7\/1\/18.2-256","metadata":false},{"id":74533,"structure_id":13207,"section_number":"18.2-257","catch_line":"Attempts","url":"\/18.2-257\/","token":"18.2\/7\/1\/18.2-257","metadata":false},{"id":57190,"structure_id":13207,"section_number":"18.2-258","catch_line":"Certain premises deemed common nuisance; penalty","url":"\/18.2-258\/","token":"18.2\/7\/1\/18.2-258","metadata":false},{"id":60458,"structure_id":13207,"section_number":"18.2-258.01","catch_line":"Enjoining nuisances involving illegal drug transactions","url":"\/18.2-258.01\/","token":"18.2\/7\/1\/18.2-258.01","metadata":false},{"id":54216,"structure_id":13207,"section_number":"18.2-258.02","catch_line":"Maintaining a fortified drug house; penalty","url":"\/18.2-258.02\/","token":"18.2\/7\/1\/18.2-258.02","metadata":false},{"id":61427,"structure_id":13207,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","url":"\/18.2-258.1\/","token":"18.2\/7\/1\/18.2-258.1","metadata":false},{"id":70798,"structure_id":13207,"section_number":"18.2-258.2","catch_line":"Assisting individuals in unlawfully procuring prescription drugs; penalty","url":"\/18.2-258.2\/","token":"18.2\/7\/1\/18.2-258.2","metadata":false},{"id":83004,"structure_id":13207,"section_number":"18.2-259","catch_line":"Penalties to be in addition to civil or administrative sanctions","url":"\/18.2-259\/","token":"18.2\/7\/1\/18.2-259","metadata":false},{"id":72470,"structure_id":13207,"section_number":"18.2-259.1","catch_line":"Repealed","url":"\/18.2-259.1\/","token":"18.2\/7\/1\/18.2-259.1","metadata":false},{"id":71259,"structure_id":13207,"section_number":"18.2-260","catch_line":"Prescribing, dispensing, etc., drug except as authorized in article and Drug Control Act; violations for which no penalty provided","url":"\/18.2-260\/","token":"18.2\/7\/1\/18.2-260","metadata":false},{"id":72374,"structure_id":13207,"section_number":"18.2-260.1","catch_line":"Falsifying patient records","url":"\/18.2-260.1\/","token":"18.2\/7\/1\/18.2-260.1","metadata":false},{"id":66248,"structure_id":13207,"section_number":"18.2-261","catch_line":"Monetary penalty","url":"\/18.2-261\/","token":"18.2\/7\/1\/18.2-261","metadata":false},{"id":74458,"structure_id":13207,"section_number":"18.2-262","catch_line":"Witnesses not excused from testifying or producing evidence because of self-incrimination","url":"\/18.2-262\/","token":"18.2\/7\/1\/18.2-262","metadata":false},{"id":57290,"structure_id":13207,"section_number":"18.2-263","catch_line":"Unnecessary to negative exception, etc.; burden of proof of exception, etc","url":"\/18.2-263\/","token":"18.2\/7\/1\/18.2-263","metadata":false},{"id":86559,"structure_id":13207,"section_number":"18.2-264","catch_line":"Inhaling drugs or other noxious chemical substances or causing, etc., others to do so; distribution of nitrous oxide to persons under 18 prohibited; penalties","url":"\/18.2-264\/","token":"18.2\/7\/1\/18.2-264","metadata":false},{"id":63611,"structure_id":13207,"section_number":"18.2-264.01","catch_line":"Repealed","url":"\/18.2-264.01\/","token":"18.2\/7\/1\/18.2-264.01","metadata":false},{"id":70241,"structure_id":13207,"section_number":"18.2-264.1","catch_line":"Repealed","url":"\/18.2-264.1\/","token":"18.2\/7\/1\/18.2-264.1","metadata":false},{"id":72892,"structure_id":13207,"section_number":"18.2-265","catch_line":"Repealed","url":"\/18.2-265\/","token":"18.2\/7\/1\/18.2-265","metadata":false}],"previous_section":{"id":76843,"structure_id":13207,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","url":"\/18.2-248.01\/","token":"18.2\/7\/1\/18.2-248.01","metadata":false},"next_section":{"id":71689,"structure_id":13207,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","url":"\/18.2-248.03\/","token":"18.2\/7\/1\/18.2-248.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-248.02\/","history_text":"<p>This law was first created in 2005. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0923\">923<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0941\">941<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0743\">743<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0371\">371<\/a>.<\/p>","references":[{"id":64740,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","order_by":null,"url":"\/19.2-303.01\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"}],"refers_to":[{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":61152,"section_number":"35.1-1","catch_line":"Definitions","order_by":null,"url":"\/35.1-1\/"},{"id":82636,"section_number":"55.1-2000","catch_line":"Definitions","order_by":null,"url":"\/55.1-2000\/"}],"permalink":{"id":166517,"object_type":"law","relational_id":56536,"identifier":"18.2-248.02","token":"18.2\/7\/1\/18.2-248.02","url":"\/18.2-248.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-248.02\/","token":"18.2\/7\/1\/18.2-248.02","dublin_core":{"Title":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-248.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any person 18 years of age or older who knowingly allows (i) a <span class=\"dictionary\">minor<\/span> under the age of 15, (ii) a <span class=\"dictionary\">minor<\/span> 15 years of age or older with whom he maintains a custodial relationship, including but not limited to as a parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such <span class=\"dictionary\">minor<\/span>, or (iii) a mentally incapacitated or physically helpless person of any age, to be present in the same dwelling, apartment as defined by \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/55.1-2000\/\">55.1-2000<\/a>, unit of a hotel as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/35.1-1\/\">35.1-1<\/a>, garage, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine as prohibited by subsection C1 of \u00a7&nbsp;<a class=\"law\" title=\"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties\" href=\"\/18.2-248\/\">18.2-248<\/a> or any substance containing a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, is guilty of a <span class=\"dictionary\">felony<\/span> punishable by imprisonment for not less than 10 nor more than 40 years. This <span class=\"dictionary\">penalty<\/span> shall be in addition to and served consecutively with any other sentence.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nALLOWING A MINOR OR INCAPACITATED PERSON TO BE PRESENT DURING MANUFACTURE OR\nATTEMPTED MANUFACTURE OF METHAMPHETAMINE OR FENTANYL PROHIBITED; PENALTIES (\u00a7\n18.2-248.02)\n\nAny person 18 years of age or older who knowingly allows (i) a minor under the\nage of 15, (ii) a minor 15 years of age or older with whom he maintains a\ncustodial relationship, including but not limited to as a parent, step-parent,\ngrandparent, step-grandparent, or who stands in loco parentis with respect to\nsuch minor, or (iii) a mentally incapacitated or physically helpless person of\nany age, to be present in the same dwelling, apartment as defined by \u00a7\n55.1-2000, unit of a hotel as defined in \u00a7 35.1-1, garage, shed, or vehicle\nduring the manufacture or attempted manufacture of methamphetamine as prohibited\nby subsection C1 of \u00a7 18.2-248 or any substance containing a detectable amount\nof fentanyl, including its derivatives, isomers, esters, ethers, salts, and\nsalts of isomers, is guilty of a felony punishable by imprisonment for not less\nthan 10 nor more than 40 years. This penalty shall be in addition to and served\nconsecutively with any other sentence.\n\nHISTORY: 2005, cc. 923, 941; 2013, c. 743; 2024, c. 371.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}