{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-248.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-248.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-248.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-248.1.html"}],"law_id":60632,"edition_id":1,"section_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","history":"1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461; 2006, cc. 697, 759; 2020, cc. 1285, 1286.","full_text":"Except as authorized in the Drug Control Act (\u00a7 54.1-3400 et seq.), it is unlawful for any person to sell, give, distribute or possess with intent to sell, give, or distribute marijuana.\n\na\n\nAny person who violates this section with respect to:1\n\nNot more than one ounce of marijuana is guilty of a Class 1 misdemeanor;2\n\nMore than one ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;3\n\nMore than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.\n\t\t\t\tThere shall be a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.\n\t\t\t\tIf such person proves that he gave, distributed, or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he is guilty of a Class 1 misdemeanor.b\n\nAny person who gives, distributes, or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility, as defined in § 53.1-1, or in the custody of an employee thereof is guilty of a Class 4 felony.c\n\nAny person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.d\n\nWhen a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth, and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.","order_by":null,"text":{"0":{"id":221613,"text":"Except as authorized in the Drug Control Act (\u00a7 54.1-3400 et seq.), it is unlawful for any person to sell, give, distribute or possess with intent to sell, give, or distribute marijuana.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":221614,"text":"Any person who violates this section with respect to:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"a1"},"2":{"id":221615,"text":"Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"3":{"id":221616,"text":"More than one ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"4":{"id":221617,"text":"More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.\n\t\t\t\tThere shall be a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.\n\t\t\t\tIf such person proves that he gave, distributed, or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"5":{"id":221618,"text":"Any person who gives, distributes, or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility, as defined in § 53.1-1, or in the custody of an employee thereof is guilty of a Class 4 felony.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"c"},"6":{"id":221619,"text":"Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"7":{"id":221620,"text":"When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth, and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c"}},"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 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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 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penalties","url":"\/18.2-248.05\/","token":"18.2\/7\/1\/18.2-248.05","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-248.1\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 435 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. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1986, chapter 467; in 2000, chapters 819<\/a>, 1020<\/a>, and 1041<\/a>; in 2004, chapter 461<\/a>; in 2006, chapters 697<\/a> and 759<\/a>; in 2020, chapters 1285<\/a> and 1286<\/a>.<\/p>","references":[{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":67911,"section_number":"18.2-251.1","catch_line":"Possession or distribution of marijuana for medical purposes permitted","order_by":null,"url":"\/18.2-251.1\/"},{"id":58050,"section_number":"18.2-251.1:1","catch_line":"Possession or distribution of cannabis oil; public schools","order_by":null,"url":"\/18.2-251.1_1\/"},{"id":56326,"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","order_by":null,"url":"\/18.2-251.1_2\/"},{"id":57833,"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","order_by":null,"url":"\/18.2-251.1_3\/"},{"id":66302,"section_number":"18.2-287.2","catch_line":"Wearing of body armor while committing a crime; penalty","order_by":null,"url":"\/18.2-287.2\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":56127,"section_number":"18.2-460","catch_line":"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties","order_by":null,"url":"\/18.2-460\/"},{"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":79626,"section_number":"19.2-386.22","catch_line":"Seizure of property used in connection with or derived from illegal drug transactions","order_by":null,"url":"\/19.2-386.22\/"},{"id":64557,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","order_by":null,"url":"\/19.2-389.3\/"},{"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\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":82865,"section_number":"19.2-392.6","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in conviction","order_by":null,"url":"\/19.2-392.6\/"},{"id":70476,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","order_by":null,"url":"\/19.2-66\/"},{"id":61344,"section_number":"3.2-4113","catch_line":"Production of industrial hemp lawful","order_by":null,"url":"\/3.2-4113\/"},{"id":83418,"section_number":"4.1-1101","catch_line":"Home cultivation of marijuana for personal use; penalties","order_by":null,"url":"\/4.1-1101\/"},{"id":54287,"section_number":"4.1-1101.1","catch_line":"Adult sharing of marijuana","order_by":null,"url":"\/4.1-1101.1\/"},{"id":63911,"section_number":"4.1-1601","catch_line":"Certification for use of cannabis for treatment","order_by":null,"url":"\/4.1-1601\/"},{"id":55273,"section_number":"4.1-1604","catch_line":"Criminal liability; exceptions","order_by":null,"url":"\/4.1-1604\/"},{"id":57582,"section_number":"4.1-606","catch_line":"Regulations of the Board","order_by":null,"url":"\/4.1-606\/"},{"id":64394,"section_number":"53.1-231.2","catch_line":"Restoration of the civil right to be eligible to register to vote to certain persons","order_by":null,"url":"\/53.1-231.2\/"}],"refers_to":[{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":166533,"object_type":"law","relational_id":60632,"identifier":"18.2-248.1","token":"18.2\/7\/1\/18.2-248.1","url":"\/18.2-248.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-248.1\/","token":"18.2\/7\/1\/18.2-248.1","dublin_core":{"Title":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-248.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except as authorized in the Drug Control Act (\u00a7 54.1-3400<\/a> et seq.), it is unlawful for any person to sell, give, distribute or possess with intent<\/span> to sell, give, or distribute marijuana.<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Any person who violates this section with respect to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> More than one ounce but not more than five pounds of marijuana is guilty of a Class 5 felony<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> More than five pounds of marijuana is guilty of a felony<\/span> punishable by imprisonment of not less than five nor more than 30 years.\n\t\t\t\tThere shall be a rebuttable presumption<\/span> that a person who possesses no more than one ounce of marijuana possesses it for personal use.\n\t\t\t\tIf such person proves that he gave, distributed, or possessed with intent<\/span> to give or distribute marijuana only as an accommodation to another individual and not with intent<\/span> to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Any person who gives, distributes, or possesses marijuana as an accommodation and not with intent<\/span> to profit thereby, to an inmate of a state or local correctional facility, as defined in § 53.1-1<\/a>, or in the custody<\/span> of an employee thereof is guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Any person who manufactures marijuana, or possesses marijuana with the intent<\/span> to manufacture such substance, not for his own use is guilty of a felony<\/span> punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> When a person is convicted of a third or subsequent felony<\/span> offense<\/span> under this section and it is alleged in the warrant, indictment<\/span> or information that he has been before convicted of two or more felony<\/span> offenses<\/span> under this section or of substantially similar offenses<\/span> in any other jurisdiction<\/span> which offenses<\/span> would be felonies if committed in the Commonwealth, and such prior convictions<\/span> occurred before the date of the offense<\/span> alleged in the warrant, indictment<\/span>, or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES FOR SALE, GIFT, DISTRIBUTION OR POSSESSION WITH INTENT TO SELL, GIVE\nOR DISTRIBUTE MARIJUANA (\u00a7 18.2-248.1)\n\nExcept as authorized in the Drug Control Act (\u00a7 54.1-3400 et seq.), it is\nunlawful for any person to sell, give, distribute or possess with intent to\nsell, give, or distribute marijuana.\n\na. Any person who violates this section with respect to:\n\n 1. Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;\n\n 2. More than one ounce but not more than five pounds of marijuana is guilty of\n a Class 5 felony;\n\n 3. More than five pounds of marijuana is guilty of a felony punishable by\n imprisonment of not less than five nor more than 30 years.\n \t\t\t\tThere shall be a rebuttable presumption that a person who possesses no\n more than one ounce of marijuana possesses it for personal use.\n \t\t\t\tIf such person proves that he gave, distributed, or possessed with intent\n to give or distribute marijuana only as an accommodation to another individual\n and not with intent to profit thereby from any consideration received or\n expected nor to induce the recipient or intended recipient of the marijuana to\n use or become addicted to or dependent upon such marijuana, he is guilty of a\n Class 1 misdemeanor.\n\nb. Any person who gives, distributes, or possesses marijuana as an accommodation\nand not with intent to profit thereby, to an inmate of a state or local\ncorrectional facility, as defined in § 53.1-1, or in the custody of an\nemployee thereof is guilty of a Class 4 felony.\n\nc. Any person who manufactures marijuana, or possesses marijuana with the intent\nto manufacture such substance, not for his own use is guilty of a felony\npunishable by imprisonment of not less than five nor more than 30 years and a\nfine not to exceed $10,000.\n\nd. When a person is convicted of a third or subsequent felony offense under this\nsection and it is alleged in the warrant, indictment or information that he has\nbeen before convicted of two or more felony offenses under this section or of\nsubstantially similar offenses in any other jurisdiction which offenses would be\nfelonies if committed in the Commonwealth, and such prior convictions occurred\nbefore the date of the offense alleged in the warrant, indictment, or\ninformation, he shall be sentenced to imprisonment for life or for any period\nnot less than five years, five years of which shall be a mandatory minimum term\nof imprisonment to be served consecutively with any other sentence and he shall\nbe fined not more than $500,000.\n\nHISTORY: 1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461;\n2006, cc. 697, 759; 2020, cc. 1285, 1286.","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}}