{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-248.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-248.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-248.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-248.html"}],"law_id":68693,"edition_id":1,"section_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","history":"Code 1950, \u00a7 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586; 1975, cc. 14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435; 1982, cc. 276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82; 1991, c. 13; 1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc. 1020, 1041; 2004, c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697, 759; 2008, cc. 79, 618; 2009, c. 750; 2012, cc. 219, 710, 844; 2013, c. 426; 2014, c. 513; 2025, cc. 394, 403.","full_text":"A\n\nExcept as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance.B\n\nIn determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court may consider, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell.C\n\nExcept as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, and it is alleged in the warrant, indictment, or information that the person has been before convicted of such an offense or of a substantially similar offense in any other jurisdiction, which offense would be a felony if committed in the Commonwealth, and such prior conviction occurred before the date of the offense alleged in the warrant, indictment, or information, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years, three 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.\n\t\t\tWhen a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment or information that he has been before convicted of two or more such offenses 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 a period of not less than 10 years, 10 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.\n\t\t\tAny person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence:1\n\n100 grams or more of a mixture or substance containing a detectable amount of heroin;2\n\n500 grams or more of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in subdivisions 2a through 2d; or\n\t\t\t\t10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.\n\t\t\t\tThe mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court finds that:\n\t\t\t\ta. The person does not have a prior conviction for an offense listed in subsection C of § 17.1-805;\n\t\t\t\tb. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so;\n\t\t\t\tc. The offense did not result in death or serious bodily injury to any person;\n\t\t\t\td. The person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I; and\n\t\t\t\te. Not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.C1\n\nAny person who violates this section with respect to the manufacturing of methamphetamine, its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall, upon conviction, be imprisoned for not less than 10 nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than 10 years, and be fined not more than $500,000. When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment, or information that he has been previously convicted of two or more such offenses 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 a period not less than 10 years, three 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.\n\t\t\tUpon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production. This restitution shall include the person’s or his estate’s estimated or actual expenses associated with cleanup, removal, or repair of the affected property. If the property that is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production is property owned in whole or in part by the person convicted, the court shall order the person to pay to the Methamphetamine Cleanup Fund authorized in § 18.2-248.04 the reasonable estimated or actual expenses associated with cleanup, removal, or repair of the affected property or, if actual or estimated expenses cannot be determined, the sum of $10,000. The convicted person shall also pay the cost of certifying that any building that is cleaned up or repaired pursuant to this section is safe for human occupancy according to the guidelines established pursuant to § 32.1-11.7.D\n\nIf such person proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall be guilty of a Class 5 felony.E\n\nIf the violation of the provisions of this article consists of the filling by a pharmacist of the prescription of a person authorized under this article to issue the same, which prescription has not been received in writing by the pharmacist prior to the filling thereof, and such written prescription is in fact received by the pharmacist within one week of the time of filling the same, or if such violation consists of a request by such authorized person for the filling by a pharmacist of a prescription which has not been received in writing by the pharmacist and such prescription is, in fact, written at the time of such request and delivered to the pharmacist within one week thereof, either such offense shall constitute a Class 4 misdemeanor.E1\n\nAny person who violates this section with respect to a controlled substance classified in Schedule III except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5, shall be guilty of a Class 5 felony.E2\n\nAny person who violates this section with respect to a controlled substance classified in Schedule IV shall be guilty of a Class 6 felony.E3\n\nAny person who proves that he gave, distributed or possessed with the intent to give or distribute a controlled substance classified in Schedule III or IV, except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5, only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with the intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, is guilty of a Class 1 misdemeanor.F\n\nAny person who violates this section with respect to a controlled substance classified in Schedule V or Schedule VI or an imitation controlled substance which imitates a controlled substance classified in Schedule V or Schedule VI, shall be guilty of a Class 1 misdemeanor.G\n\nAny person who violates this section with respect to an imitation controlled substance which imitates a controlled substance classified in Schedule I, II, III, or IV shall be guilty of a Class 6 felony. In any prosecution brought under this subsection, it is not a defense to a violation of this subsection that the defendant believed the imitation controlled substance to actually be a controlled substance.H\n\nAny person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give or distribute the following:1\n\n1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin;2\n\n5.0 kilograms or more of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\t100 kilograms or more of a mixture or substance containing a detectable amount of marijuana; or4\n\n100 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 200 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence. Such mandatory minimum sentence shall not be applicable if the court finds that (i) the person does not have a prior conviction for an offense listed in subsection C of § 17.1-805; (ii) the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so; (iii) the offense did not result in death or serious bodily injury to any person; (iv) the person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I of this section; and (v) not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.H1\n\nAny person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise shall be guilty of a felony if (i) the enterprise received at least $100,000 but less than $250,000 in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent to manufacture, sell, give or distribute the following during any 12-month period of its existence:1\n\nAt least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;2\n\nAt least 5.0 kilograms but less than 10 kilograms of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\tAt least 100 kilograms but less than 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or4\n\nAt least 100 grams but less than 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 200 grams but less than 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.\n\t\t\t\tA conviction under this section shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence.H2\n\nAny person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise if (i) the enterprise received $250,000 or more in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent to manufacture, sell, give or distribute the following during any 12-month period of its existence:1\n\nAt least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;2\n\nAt least 10 kilograms of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\tAt least 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or4\n\nAt least 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony punishable by a fine of not more than $1 million and imprisonment for life, which shall be served with no suspension in whole or in part. Such punishment shall be made to run consecutively with any other sentence. However, the court may impose a mandatory minimum sentence of 40 years if the court finds that the defendant substantially cooperated with law-enforcement authorities.I\n\nFor purposes of this section, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of this section, the punishment for which is a felony and either (ii) such violation is a part of a continuing series of violations of this section which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources or (iii) such violation is committed, with respect to methamphetamine or other controlled substance classified in Schedule I or II, for the benefit of, at the direction of, or in association with any criminal street gang as defined in § 18.2-46.1.J\n\nExcept as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any person who possesses any two or more different substances listed below with the intent to manufacture methamphetamine, methcathinone, or amphetamine is guilty of a Class 6 felony: liquefied ammonia gas, ammonium nitrate, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, or 2-propanone.K\n\nThe term “methamphetamine precursor drug,” when used in this article, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers.","order_by":null,"text":{"0":{"id":248670,"text":"Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248671,"text":"In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court may consider, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248672,"text":"Except as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, and it is alleged in the warrant, indictment, or information that the person has been before convicted of such an offense or of a substantially similar offense in any other jurisdiction, which offense would be a felony if committed in the Commonwealth, and such prior conviction occurred before the date of the offense alleged in the warrant, indictment, or information, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years, three 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.\n\t\t\tWhen a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment or information that he has been before convicted of two or more such offenses 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 a period of not less than 10 years, 10 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.\n\t\t\tAny person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":248673,"text":"100 grams or more of a mixture or substance containing a detectable amount of heroin;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":248674,"text":"500 grams or more of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in subdivisions 2a through 2d; or\n\t\t\t\t10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.\n\t\t\t\tThe mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court finds that:\n\t\t\t\ta. The person does not have a prior conviction for an offense listed in subsection C of § 17.1-805;\n\t\t\t\tb. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so;\n\t\t\t\tc. The offense did not result in death or serious bodily injury to any person;\n\t\t\t\td. The person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I; and\n\t\t\t\te. Not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C1"},"5":{"id":248675,"text":"Any person who violates this section with respect to the manufacturing of methamphetamine, its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall, upon conviction, be imprisoned for not less than 10 nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than 10 years, and be fined not more than $500,000. When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment, or information that he has been previously convicted of two or more such offenses 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 a period not less than 10 years, three 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.\n\t\t\tUpon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production. This restitution shall include the person’s or his estate’s estimated or actual expenses associated with cleanup, removal, or repair of the affected property. If the property that is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production is property owned in whole or in part by the person convicted, the court shall order the person to pay to the Methamphetamine Cleanup Fund authorized in § 18.2-248.04 the reasonable estimated or actual expenses associated with cleanup, removal, or repair of the affected property or, if actual or estimated expenses cannot be determined, the sum of $10,000. The convicted person shall also pay the cost of certifying that any building that is cleaned up or repaired pursuant to this section is safe for human occupancy according to the guidelines established pursuant to § 32.1-11.7.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":248676,"text":"If such person proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall be guilty of a Class 5 felony.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C1","next_prefix":"E"},"7":{"id":248677,"text":"If the violation of the provisions of this article consists of the filling by a pharmacist of the prescription of a person authorized under this article to issue the same, which prescription has not been received in writing by the pharmacist prior to the filling thereof, and such written prescription is in fact received by the pharmacist within one week of the time of filling the same, or if such violation consists of a request by such authorized person for the filling by a pharmacist of a prescription which has not been received in writing by the pharmacist and such prescription is, in fact, written at the time of such request and delivered to the pharmacist within one week thereof, either such offense shall constitute a Class 4 misdemeanor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"8":{"id":248678,"text":"Any person who violates this section with respect to a controlled substance classified in Schedule III except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5, shall be guilty of a Class 5 felony.","type":"section","prefixes":["E1"],"prefix":"E1","entire_prefix":"E1","prefix_anchor":"E1","level":1,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":248679,"text":"Any person who violates this section with respect to a controlled substance classified in Schedule IV shall be guilty of a Class 6 felony.","type":"section","prefixes":["E2"],"prefix":"E2","entire_prefix":"E2","prefix_anchor":"E2","level":1,"prior_prefix":"E1","next_prefix":"E3"},"10":{"id":248680,"text":"Any person who proves that he gave, distributed or possessed with the intent to give or distribute a controlled substance classified in Schedule III or IV, except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5, only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with the intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["E3"],"prefix":"E3","entire_prefix":"E3","prefix_anchor":"E3","level":1,"prior_prefix":"E2","next_prefix":"F"},"11":{"id":248681,"text":"Any person who violates this section with respect to a controlled substance classified in Schedule V or Schedule VI or an imitation controlled substance which imitates a controlled substance classified in Schedule V or Schedule VI, shall be guilty of a Class 1 misdemeanor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"12":{"id":248682,"text":"Any person who violates this section with respect to an imitation controlled substance which imitates a controlled substance classified in Schedule I, II, III, or IV shall be guilty of a Class 6 felony. In any prosecution brought under this subsection, it is not a defense to a violation of this subsection that the defendant believed the imitation controlled substance to actually be a controlled substance.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":248683,"text":"Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give or distribute the following:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"14":{"id":248684,"text":"1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"15":{"id":248685,"text":"5.0 kilograms or more of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\t100 kilograms or more of a mixture or substance containing a detectable amount of marijuana; or","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H4"},"16":{"id":248686,"text":"100 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 200 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence. Such mandatory minimum sentence shall not be applicable if the court finds that (i) the person does not have a prior conviction for an offense listed in subsection C of § 17.1-805; (ii) the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so; (iii) the offense did not result in death or serious bodily injury to any person; (iv) the person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I of this section; and (v) not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H2","next_prefix":"H1"},"17":{"id":248687,"text":"Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise shall be guilty of a felony if (i) the enterprise received at least $100,000 but less than $250,000 in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent to manufacture, sell, give or distribute the following during any 12-month period of its existence:","type":"section","prefixes":["H1"],"prefix":"H1","entire_prefix":"H1","prefix_anchor":"H1","level":1,"prior_prefix":"H4","next_prefix":"H11"},"18":{"id":248688,"text":"At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;","type":"section","prefixes":["H1","1"],"prefix":"1","entire_prefix":"H11","prefix_anchor":"H11","level":2,"prior_prefix":"H1","next_prefix":"H12"},"19":{"id":248689,"text":"At least 5.0 kilograms but less than 10 kilograms of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\tAt least 100 kilograms but less than 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or","type":"section","prefixes":["H1","2"],"prefix":"2","entire_prefix":"H12","prefix_anchor":"H12","level":2,"prior_prefix":"H11","next_prefix":"H14"},"20":{"id":248690,"text":"At least 100 grams but less than 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 200 grams but less than 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.\n\t\t\t\tA conviction under this section shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence.","type":"section","prefixes":["H1","4"],"prefix":"4","entire_prefix":"H14","prefix_anchor":"H14","level":2,"prior_prefix":"H12","next_prefix":"H2"},"21":{"id":248691,"text":"Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise if (i) the enterprise received $250,000 or more in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent to manufacture, sell, give or distribute the following during any 12-month period of its existence:","type":"section","prefixes":["H2"],"prefix":"H2","entire_prefix":"H2","prefix_anchor":"H2","level":1,"prior_prefix":"H14","next_prefix":"H21"},"22":{"id":248692,"text":"At least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;","type":"section","prefixes":["H2","1"],"prefix":"1","entire_prefix":"H21","prefix_anchor":"H21","level":2,"prior_prefix":"H2","next_prefix":"H22"},"23":{"id":248693,"text":"At least 10 kilograms of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\tAt least 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or","type":"section","prefixes":["H2","2"],"prefix":"2","entire_prefix":"H22","prefix_anchor":"H22","level":2,"prior_prefix":"H21","next_prefix":"H24"},"24":{"id":248694,"text":"At least 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony punishable by a fine of not more than $1 million and imprisonment for life, which shall be served with no suspension in whole or in part. Such punishment shall be made to run consecutively with any other sentence. However, the court may impose a mandatory minimum sentence of 40 years if the court finds that the defendant substantially cooperated with law-enforcement authorities.","type":"section","prefixes":["H2","4"],"prefix":"4","entire_prefix":"H24","prefix_anchor":"H24","level":2,"prior_prefix":"H22","next_prefix":"I"},"25":{"id":248695,"text":"For purposes of this section, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of this section, the punishment for which is a felony and either (ii) such violation is a part of a continuing series of violations of this section which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources or (iii) such violation is committed, with respect to methamphetamine or other controlled substance classified in Schedule I or II, for the benefit of, at the direction of, or in association with any criminal street gang as defined in § 18.2-46.1.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H24","next_prefix":"J"},"26":{"id":248696,"text":"Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any person who possesses any two or more different substances listed below with the intent to manufacture methamphetamine, methcathinone, or amphetamine is guilty of a Class 6 felony: liquefied ammonia gas, ammonium nitrate, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, or 2-propanone.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"27":{"id":248697,"text":"The term “methamphetamine precursor drug,” when used in this article, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-248\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 27 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 1972, chapter 798; in 1973, chapter 479; in 1974, chapter 586; in 1975, chapters 14 and 15; in 1976, chapter 614; in 1977, chapter 409; in 1978, chapters 177 and 779; in 1979, chapter 435; in 1982, chapters 276 and 462; in 1985, chapter 569; in 1986, chapter 453; in 1988, chapter 355; in 1990, chapter 82; in 1991, chapter 13; in 1992, chapters 685, 737, and 756; in 1995, chapter 538<\/a>; in 1999, chapter 722<\/a>; in 2000, chapters 1020<\/a> and 1041<\/a>; in 2004, chapter 461<\/a>; in 2005, chapters 174<\/a>, 759<\/a>, 796<\/a>, 923<\/a>, and 941<\/a>; in 2006, chapters 697<\/a> and 759<\/a>; in 2008, chapters 79<\/a> and 618<\/a>; in 2009, chapter 750<\/a>; in 2012, chapters 219<\/a>, 710<\/a>, and 844<\/a>; in 2013, chapter 426<\/a>; in 2014, chapter 513<\/a>; in 2025, chapters 394<\/a> and 403<\/a>.<\/p>","references":[{"id":61242,"section_number":"15.2-1716.2","catch_line":"Methamphetamine lab cleanup costs; localities may charge for reimbursement","order_by":null,"url":"\/15.2-1716.2\/"},{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"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":85647,"section_number":"18.2-246.5","catch_line":"Forfeiture of business license or registration upon conviction of sale or distribution of imitation controlled substance; money laundering","order_by":null,"url":"\/18.2-246.5\/"},{"id":56536,"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","order_by":null,"url":"\/18.2-248.02\/"},{"id":60978,"section_number":"18.2-248.04","catch_line":"Methamphetamine Cleanup Fund established","order_by":null,"url":"\/18.2-248.04\/"},{"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":60795,"section_number":"18.2-251.2","catch_line":"Possession and distribution of flunitrazepam; enhanced penalty","order_by":null,"url":"\/18.2-251.2\/"},{"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":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"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":81173,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","order_by":null,"url":"\/19.2-11.2\/"},{"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":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"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":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":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":75182,"section_number":"37.2-314","catch_line":"Background check required","order_by":null,"url":"\/37.2-314\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"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":69004,"section_number":"52-35","catch_line":"Witness protection program established","order_by":null,"url":"\/52-35\/"},{"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\/"},{"id":85347,"section_number":"54.1-3303","catch_line":"Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only","order_by":null,"url":"\/54.1-3303\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"refers_to":[{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":60978,"section_number":"18.2-248.04","catch_line":"Methamphetamine Cleanup Fund established","order_by":null,"url":"\/18.2-248.04\/"},{"id":61670,"section_number":"18.2-248.5","catch_line":"Illegal stimulants and steroids; penalty","order_by":null,"url":"\/18.2-248.5\/"},{"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":166509,"object_type":"law","relational_id":68693,"identifier":"18.2-248","token":"18.2\/7\/1\/18.2-248","url":"\/18.2-248\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-248\/","token":"18.2\/7\/1\/18.2-248","dublin_core":{"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-248","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as authorized in the Drug Control Act (§ 54.1-3400<\/a> et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent<\/span> to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court<\/span> may consider, in addition to all other relevant evidence<\/span>, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction<\/span> be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second conviction<\/span> of such a violation, and it is alleged in the warrant, indictment<\/span>, or information that the person has been before convicted of such an offense<\/span> or of a substantially similar offense<\/span> in any other jurisdiction<\/span>, which offense<\/span> would be a felony<\/span> if committed in the Commonwealth, and such prior conviction<\/span> occurred before the date of the offense<\/span> alleged in the warrant, indictment<\/span>, or information, any such person may, in the discretion of the court<\/span> or jury<\/span> imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years, three 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.\n\t\t\tWhen a person is convicted of a third or subsequent offense<\/span> under this subsection and it is alleged in the warrant, indictment<\/span> or information that he has been before convicted of two or more such offenses<\/span> 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 a period of not less than 10 years, 10 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.\n\t\t\tAny person who manufactures, sells, gives, distributes or possesses with the intent<\/span> to manufacture, sell, give, or distribute the following is guilty of a felony<\/span> punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 100 grams or more of a mixture or substance containing a detectable amount of heroin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 500 grams or more of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in subdivisions 2a through 2d; or\n\t\t\t\t10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.\n\t\t\t\tThe mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court<\/span> finds that:\n\t\t\t\ta. The person does not have a prior conviction<\/span> for an offense<\/span> listed in subsection C of § 17.1-805<\/a>;\n\t\t\t\tb. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense<\/span> or induce another participant in the offense<\/span> to do so;\n\t\t\t\tc. The offense<\/span> did not result in death or serious bodily injury to any person;\n\t\t\t\td. The person was not an organizer, leader, manager, or supervisor of others in the offense<\/span>, and was not engaged in a continuing criminal enterprise as defined in subsection I; and\n\t\t\t\te. Not later than the time of the sentencing hearing<\/span>, the person has truthfully provided to the Commonwealth all information and evidence<\/span> the person has concerning the offense<\/span> or offenses<\/span> that were part of the same course of conduct or of a common scheme or plan, but the fact<\/span> that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court<\/span> that the defendant<\/span> has complied with this requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> Any person who violates this section with respect to the manufacturing of methamphetamine, its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall, upon conviction<\/span>, be imprisoned for not less than 10 nor more than 40 years and fined not more than $500,000. Upon a second conviction<\/span> of such a violation, any such person may, in the discretion of the court<\/span> or jury<\/span> imposing the sentence, be sentenced to imprisonment for life or for any period not less than 10 years, and be fined not more than $500,000. When a person is convicted of a third or subsequent offense<\/span> under this subsection and it is alleged in the warrant, indictment<\/span>, or information that he has been previously convicted of two or more such offenses<\/span> 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 a period not less than 10 years, three 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.\n\t\t\tUpon conviction<\/span>, in addition to any other punishment, a person found guilty of this offense<\/span> shall be ordered by the court<\/span> to make restitution<\/span>, as the court<\/span> deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production. This restitution<\/span> shall include the person’s or his estate’s estimated or actual expenses associated with cleanup, removal, or repair of the affected property. If the property that is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production is property owned in whole or in part by the person convicted, the court<\/span> shall order<\/span> the person to pay to the Methamphetamine Cleanup Fund authorized in § 18.2-248.04<\/a> the reasonable estimated or actual expenses associated with cleanup, removal, or repair of the affected property or, if actual or estimated expenses cannot be determined, the sum of $10,000. The convicted person shall also pay the cost of certifying that any building that is cleaned up or repaired pursuant to this section is safe for human occupancy according to the guidelines established pursuant to § 32.1-11.7<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If such person proves that he gave, distributed or possessed with intent<\/span> to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1<\/a> or in the custody<\/span> of an employee thereof, and not with intent<\/span> to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall be guilty of a Class 5 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the violation of the provisions of this article consists of the filling by a pharmacist of the prescription of a person authorized under this article to issue<\/span> the same, which prescription has not been received in writing by the pharmacist prior to the filling thereof, and such written prescription is in fact<\/span> received by the pharmacist within one week of the time of filling the same, or if such violation consists of a request by such authorized person for the filling by a pharmacist of a prescription which has not been received in writing by the pharmacist and such prescription is, in fact<\/span>, written at the time of such request and delivered to the pharmacist within one week thereof, either such offense<\/span> shall constitute a Class 4 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E1.<\/span> Any person who violates this section with respect to a controlled substance classified in Schedule III except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5<\/a>, shall be guilty of a Class 5 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E2.<\/span> Any person who violates this section with respect to a controlled substance classified in Schedule IV shall be guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E3.<\/span> Any person who proves that he gave, distributed or possessed with the intent<\/span> to give or distribute a controlled substance classified in Schedule III or IV, except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5<\/a>, only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1<\/a> or in the custody<\/span> of an employee thereof, and not with the intent<\/span> to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person who violates this section with respect to a controlled substance classified in Schedule V or Schedule VI or an imitation controlled substance which imitates a controlled substance classified in Schedule V or Schedule VI, shall be guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any person who violates this section with respect to an imitation controlled substance which imitates a controlled substance classified in Schedule I, II, III, or IV shall be guilty of a Class 6 felony<\/span>. In any prosecution<\/span> brought under this subsection, it is not a defense to a violation of this subsection that the defendant<\/span> believed the imitation controlled substance to actually be a controlled substance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any person who manufactures, sells, gives, distributes or possesses with the intent<\/span> to manufacture, sell, give or distribute the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 5.0 kilograms or more of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\t100 kilograms or more of a mixture or substance containing a detectable amount of marijuana; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 100 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 200 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony<\/span> punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence. Such mandatory minimum sentence shall not be applicable if the court<\/span> finds that (i) the person does not have a prior conviction<\/span> for an offense<\/span> listed in subsection C of § 17.1-805<\/a>; (ii) the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense<\/span> or induce another participant in the offense<\/span> to do so; (iii) the offense<\/span> did not result in death or serious bodily injury to any person; (iv) the person was not an organizer, leader, manager, or supervisor of others in the offense<\/span>, and was not engaged in a continuing criminal enterprise as defined in subsection I of this section; and (v) not later than the time of the sentencing hearing<\/span>, the person has truthfully provided to the Commonwealth all information and evidence<\/span> the person has concerning the offense<\/span> or offenses<\/span> that were part of the same course of conduct or of a common scheme or plan, but the fact<\/span> that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court<\/span> that the defendant<\/span> has complied with this requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H1.<\/span> Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise shall be guilty of a felony<\/span> if (i) the enterprise received at least $100,000 but less than $250,000 in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent<\/span> to manufacture, sell, give or distribute the following during any 12-month period of its existence: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> At least 5.0 kilograms but less than 10 kilograms of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\tAt least 100 kilograms but less than 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> At least 100 grams but less than 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 200 grams but less than 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.\n\t\t\t\tA conviction<\/span> under this section shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H2.<\/span> Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise if (i) the enterprise received $250,000 or more in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent<\/span> to manufacture, sell, give or distribute the following during any 12-month period of its existence: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> At least 10 kilograms of a mixture or substance containing a detectable amount of:\n\t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;\n\t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of isomers;\n\t\t\t\tc. Cocaine base;\n\t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or\n\t\t\t\te. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through d;\n\t\t\t\tAt least 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> At least 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony<\/span> punishable by a fine of not more than $1 million and imprisonment for life, which shall be served with no suspension in whole or in part. Such punishment shall be made to run consecutively with any other sentence. However, the court<\/span> may impose a mandatory minimum sentence of 40 years if the court<\/span> finds that the defendant<\/span> substantially cooperated with law<\/span>-enforcement authorities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> For purposes of this section, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of this section, the punishment for which is a felony<\/span> and either (ii) such violation is a part of a continuing series of violations of this section which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources or (iii) such violation is committed, with respect to methamphetamine or other controlled substance classified in Schedule I or II, for the benefit of, at the direction of, or in association with any criminal street gang as defined in § 18.2-46.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Except as authorized in the Drug Control Act (§ 54.1-3400<\/a> et seq.), any person who possesses any two or more different substances listed below with the intent<\/span> to manufacture methamphetamine, methcathinone, or amphetamine is guilty of a Class 6 felony<\/span>: liquefied ammonia gas, ammonium nitrate, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, or 2-propanone. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The term “methamphetamine precursor drug,” when used in this article, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANUFACTURING, SELLING, GIVING, DISTRIBUTING, OR POSSESSING WITH INTENT TO\nMANUFACTURE, SELL, GIVE, OR DISTRIBUTE A CONTROLLED SUBSTANCE OR AN IMITATION\nCONTROLLED SUBSTANCE PROHIBITED; PENALTIES (\u00a7 18.2-248)\n\nA. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it\nshall be unlawful for any person to manufacture, sell, give, distribute, or\npossess with intent to manufacture, sell, give or distribute a controlled\nsubstance or an imitation controlled substance.\n\nB. In determining whether any person intends to manufacture, sell, give or\ndistribute an imitation controlled substance, the court may consider, in\naddition to all other relevant evidence, whether any distribution or attempted\ndistribution of such pill, capsule, tablet or substance in any other form\nwhatsoever included an exchange of or a demand for money or other property as\nconsideration, and, if so, whether the amount of such consideration was\nsubstantially greater than the reasonable value of such pill, capsule, tablet or\nsubstance in any other form whatsoever, considering the actual chemical\ncomposition of such pill, capsule, tablet or substance in any other form\nwhatsoever and, where applicable, the price at which over-the-counter substances\nof like chemical composition sell.\n\nC. Except as provided in subsection C1, any person who violates this section\nwith respect to a controlled substance classified in Schedule I or II shall upon\nconviction be imprisoned for not less than five nor more than 40 years and fined\nnot more than $500,000. Upon a second conviction of such a violation, and it is\nalleged in the warrant, indictment, or information that the person has been\nbefore convicted of such an offense or of a substantially similar offense in any\nother jurisdiction, which offense would be a felony if committed in the\nCommonwealth, and such prior conviction occurred before the date of the offense\nalleged in the warrant, indictment, or information, any such person may, in the\ndiscretion of the court or jury imposing the sentence, be sentenced to\nimprisonment for life or for any period not less than five years, three years of\nwhich shall be a mandatory minimum term of imprisonment to be served\nconsecutively with any other sentence, and he shall be fined not more than\n$500,000.\n\t\t\tWhen a person is convicted of a third or subsequent offense under this\nsubsection and it is alleged in the warrant, indictment or information that he\nhas been before convicted of two or more such offenses or of substantially\nsimilar offenses in any other jurisdiction which offenses would be felonies if\ncommitted in the Commonwealth and such prior convictions occurred before the\ndate of the offense alleged in the warrant, indictment, or information, he shall\nbe sentenced to imprisonment for life or for a period of not less than 10 years,\n10 years of which shall be a mandatory minimum term of imprisonment to be served\nconsecutively with any other sentence, and he shall be fined not more than\n$500,000.\n\t\t\tAny person who manufactures, sells, gives, distributes or possesses with the\nintent to manufacture, sell, give, or distribute the following is guilty of a\nfelony punishable by a fine of not more than $1 million and imprisonment for\nfive years to life, five years of which shall be a mandatory minimum term of\nimprisonment to be served consecutively with any other sentence:\n\n 1. 100 grams or more of a mixture or substance containing a detectable amount\n of heroin;\n\n 2. 500 grams or more of a mixture or substance containing a detectable amount\n of:\n \t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which\n cocaine, ecgonine, and derivatives of ecgonine or their salts have been\n removed;\n \t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of\n isomers;\n \t\t\t\tc. Cocaine base;\n \t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers;\n or\n \t\t\t\te. Any compound, mixture, or preparation that contains any quantity of any\n of the substances referred to in subdivisions 2a through 2d; or\n \t\t\t\t10 grams or more of methamphetamine, its salts, isomers, or salts of its\n isomers or 20 grams or more of a mixture or substance containing a detectable\n amount of methamphetamine, its salts, isomers, or salts of its isomers.\n \t\t\t\tThe mandatory minimum term of imprisonment to be imposed for a violation\n of this subsection shall not be applicable if the court finds that:\n \t\t\t\ta. The person does not have a prior conviction for an offense listed in\n subsection C of § 17.1-805;\n \t\t\t\tb. The person did not use violence or credible threats of violence or\n possess a firearm or other dangerous weapon in connection with the offense or\n induce another participant in the offense to do so;\n \t\t\t\tc. The offense did not result in death or serious bodily injury to any\n person;\n \t\t\t\td. The person was not an organizer, leader, manager, or supervisor of\n others in the offense, and was not engaged in a continuing criminal enterprise\n as defined in subsection I; and\n \t\t\t\te. Not later than the time of the sentencing hearing, the person has\n truthfully provided to the Commonwealth all information and evidence the\n person has concerning the offense or offenses that were part of the same\n course of conduct or of a common scheme or plan, but the fact that the person\n has no relevant or useful other information to provide or that the\n Commonwealth already is aware of the information shall not preclude a\n determination by the court that the defendant has complied with this\n requirement.\n\nC1. Any person who violates this section with respect to the manufacturing of\nmethamphetamine, its salts, isomers, or salts of its isomers or less than 200\ngrams of a mixture or substance containing a detectable amount of\nmethamphetamine, its salts, isomers, or salts of its isomers shall, upon\nconviction, be imprisoned for not less than 10 nor more than 40 years and fined\nnot more than $500,000. Upon a second conviction of such a violation, any such\nperson may, in the discretion of the court or jury imposing the sentence, be\nsentenced to imprisonment for life or for any period not less than 10 years, and\nbe fined not more than $500,000. When a person is convicted of a third or\nsubsequent offense under this subsection and it is alleged in the warrant,\nindictment, or information that he has been previously convicted of two or more\nsuch offenses or of substantially similar offenses in any other jurisdiction,\nwhich offenses would be felonies if committed in the Commonwealth and such prior\nconvictions occurred before the date of the offense alleged in the warrant,\nindictment, or information, he shall be sentenced to imprisonment for life or\nfor a period not less than 10 years, three years of which shall be a mandatory\nminimum term of imprisonment to be served consecutively with any other sentence\nand he shall be fined not more than $500,000.\n\t\t\tUpon conviction, in addition to any other punishment, a person found guilty\nof this offense shall be ordered by the court to make restitution, as the court\ndeems appropriate, to any innocent property owner whose property is damaged,\ndestroyed, or otherwise rendered unusable as a result of such methamphetamine\nproduction. This restitution shall include the person’s or his\nestate’s estimated or actual expenses associated with cleanup, removal, or\nrepair of the affected property. If the property that is damaged, destroyed, or\notherwise rendered unusable as a result of such methamphetamine production is\nproperty owned in whole or in part by the person convicted, the court shall\norder the person to pay to the Methamphetamine Cleanup Fund authorized in §\n18.2-248.04 the reasonable estimated or actual expenses associated with cleanup,\nremoval, or repair of the affected property or, if actual or estimated expenses\ncannot be determined, the sum of $10,000. The convicted person shall also pay\nthe cost of certifying that any building that is cleaned up or repaired pursuant\nto this section is safe for human occupancy according to the guidelines\nestablished pursuant to § 32.1-11.7.\n\nD. If such person proves that he gave, distributed or possessed with intent to\ngive or distribute a controlled substance classified in Schedule I or II only as\nan accommodation to another individual who is not an inmate in a community\ncorrectional facility, local correctional facility or state correctional\nfacility as defined in § 53.1-1 or in the custody of an employee thereof,\nand not with intent to profit thereby from any consideration received or\nexpected nor to induce the recipient or intended recipient of the controlled\nsubstance to use or become addicted to or dependent upon such controlled\nsubstance, he shall be guilty of a Class 5 felony.\n\nE. If the violation of the provisions of this article consists of the filling by\na pharmacist of the prescription of a person authorized under this article to\nissue the same, which prescription has not been received in writing by the\npharmacist prior to the filling thereof, and such written prescription is in\nfact received by the pharmacist within one week of the time of filling the same,\nor if such violation consists of a request by such authorized person for the\nfilling by a pharmacist of a prescription which has not been received in writing\nby the pharmacist and such prescription is, in fact, written at the time of such\nrequest and delivered to the pharmacist within one week thereof, either such\noffense shall constitute a Class 4 misdemeanor.\n\nE1. Any person who violates this section with respect to a controlled substance\nclassified in Schedule III except for an anabolic steroid classified in Schedule\nIII, constituting a violation of § 18.2-248.5, shall be guilty of a Class 5\nfelony.\n\nE2. Any person who violates this section with respect to a controlled substance\nclassified in Schedule IV shall be guilty of a Class 6 felony.\n\nE3. Any person who proves that he gave, distributed or possessed with the intent\nto give or distribute a controlled substance classified in Schedule III or IV,\nexcept for an anabolic steroid classified in Schedule III, constituting a\nviolation of § 18.2-248.5, only as an accommodation to another individual\nwho is not an inmate in a community correctional facility, local correctional\nfacility or state correctional facility as defined in § 53.1-1 or in the\ncustody of an employee thereof, and not with the intent to profit thereby from\nany consideration received or expected nor to induce the recipient or intended\nrecipient of the controlled substance to use or become addicted to or dependent\nupon such controlled substance, is guilty of a Class 1 misdemeanor.\n\nF. Any person who violates this section with respect to a controlled substance\nclassified in Schedule V or Schedule VI or an imitation controlled substance\nwhich imitates a controlled substance classified in Schedule V or Schedule VI,\nshall be guilty of a Class 1 misdemeanor.\n\nG. Any person who violates this section with respect to an imitation controlled\nsubstance which imitates a controlled substance classified in Schedule I, II,\nIII, or IV shall be guilty of a Class 6 felony. In any prosecution brought under\nthis subsection, it is not a defense to a violation of this subsection that the\ndefendant believed the imitation controlled substance to actually be a\ncontrolled substance.\n\nH. Any person who manufactures, sells, gives, distributes or possesses with the\nintent to manufacture, sell, give or distribute the following:\n\n 1. 1.0 kilograms or more of a mixture or substance containing a detectable\n amount of heroin;\n\n 2. 5.0 kilograms or more of a mixture or substance containing a detectable\n amount of:\n \t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which\n cocaine, ecgonine, and derivatives of ecgonine or their salts have been\n removed;\n \t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of\n isomers;\n \t\t\t\tc. Cocaine base;\n \t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers;\n or\n \t\t\t\te. Any compound, mixture, or preparation which contains any quantity of\n any of the substances referred to in subdivisions a through d;\n \t\t\t\t100 kilograms or more of a mixture or substance containing a detectable\n amount of marijuana; or\n\n 4. 100 grams or more of methamphetamine, its salts, isomers, or salts of its\n isomers or 200 grams or more of a mixture or substance containing a detectable\n amount of methamphetamine, its salts, isomers, or salts of its isomers shall\n be guilty of a felony punishable by a fine of not more than $1 million and\n imprisonment for 20 years to life, 20 years of which shall be a mandatory\n minimum sentence. Such mandatory minimum sentence shall not be applicable if\n the court finds that (i) the person does not have a prior conviction for an\n offense listed in subsection C of § 17.1-805; (ii) the person did not use\n violence or credible threats of violence or possess a firearm or other\n dangerous weapon in connection with the offense or induce another participant\n in the offense to do so; (iii) the offense did not result in death or serious\n bodily injury to any person; (iv) the person was not an organizer, leader,\n manager, or supervisor of others in the offense, and was not engaged in a\n continuing criminal enterprise as defined in subsection I of this section; and\n (v) not later than the time of the sentencing hearing, the person has\n truthfully provided to the Commonwealth all information and evidence the\n person has concerning the offense or offenses that were part of the same\n course of conduct or of a common scheme or plan, but the fact that the person\n has no relevant or useful other information to provide or that the\n Commonwealth already is aware of the information shall not preclude a\n determination by the court that the defendant has complied with this\n requirement.\n\nH1. Any person who was the principal or one of several principal administrators,\norganizers or leaders of a continuing criminal enterprise shall be guilty of a\nfelony if (i) the enterprise received at least $100,000 but less than $250,000\nin gross receipts during any 12-month period of its existence from the\nmanufacture, importation, or distribution of heroin or cocaine or ecgonine or\nmethamphetamine or the derivatives, salts, isomers, or salts of isomers thereof\nor marijuana or (ii) the person engaged in the enterprise to manufacture, sell,\ngive, distribute or possess with the intent to manufacture, sell, give or\ndistribute the following during any 12-month period of its existence:\n\n 1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture or\n substance containing a detectable amount of heroin;\n\n 2. At least 5.0 kilograms but less than 10 kilograms of a mixture or substance\n containing a detectable amount of:\n \t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which\n cocaine, ecgonine, and derivatives of ecgonine or their salts have been\n removed;\n \t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of\n isomers;\n \t\t\t\tc. Cocaine base;\n \t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers;\n or\n \t\t\t\te. Any compound, mixture, or preparation which contains any quantity of\n any of the substances referred to in subdivisions a through d;\n \t\t\t\tAt least 100 kilograms but less than 250 kilograms of a mixture or\n substance containing a detectable amount of marijuana; or\n\n 4. At least 100 grams but less than 250 grams of methamphetamine, its salts,\n isomers, or salts of its isomers or at least 200 grams but less than 1.0\n kilograms of a mixture or substance containing a detectable amount of\n methamphetamine, its salts, isomers, or salts of its isomers.\n \t\t\t\tA conviction under this section shall be punishable by a fine of not more\n than $1 million and imprisonment for 20 years to life, 20 years of which shall\n be a mandatory minimum sentence.\n\nH2. Any person who was the principal or one of several principal administrators,\norganizers or leaders of a continuing criminal enterprise if (i) the enterprise\nreceived $250,000 or more in gross receipts during any 12-month period of its\nexistence from the manufacture, importation, or distribution of heroin or\ncocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or\nsalts of isomers thereof or marijuana or (ii) the person engaged in the\nenterprise to manufacture, sell, give, distribute or possess with the intent to\nmanufacture, sell, give or distribute the following during any 12-month period\nof its existence:\n\n 1. At least 5.0 kilograms of a mixture or substance containing a detectable\n amount of heroin;\n\n 2. At least 10 kilograms of a mixture or substance containing a detectable\n amount of:\n \t\t\t\ta. Coca leaves, except coca leaves and extracts of coca leaves from which\n cocaine, ecgonine, and derivatives of ecgonine or their salts have been\n removed;\n \t\t\t\tb. Cocaine, its salts, optical and geometric isomers, and salts of\n isomers;\n \t\t\t\tc. Cocaine base;\n \t\t\t\td. Ecgonine, its derivatives, their salts, isomers, and salts of isomers;\n or\n \t\t\t\te. Any compound, mixture, or preparation which contains any quantity of\n any of the substances referred to in subdivisions a through d;\n \t\t\t\tAt least 250 kilograms of a mixture or substance containing a detectable\n amount of marijuana; or\n\n 4. At least 250 grams of methamphetamine, its salts, isomers, or salts of its\n isomers or at least 1.0 kilograms of a mixture or substance containing a\n detectable amount of methamphetamine, its salts, isomers, or salts of its\n isomers shall be guilty of a felony punishable by a fine of not more than $1\n million and imprisonment for life, which shall be served with no suspension in\n whole or in part. Such punishment shall be made to run consecutively with any\n other sentence. However, the court may impose a mandatory minimum sentence of\n 40 years if the court finds that the defendant substantially cooperated with\n law-enforcement authorities.\n\nI. For purposes of this section, a person is engaged in a continuing criminal\nenterprise if (i) he violates any provision of this section, the punishment for\nwhich is a felony and either (ii) such violation is a part of a continuing\nseries of violations of this section which are undertaken by such person in\nconcert with five or more other persons with respect to whom such person\noccupies a position of organizer, a supervisory position, or any other position\nof management, and from which such person obtains substantial income or\nresources or (iii) such violation is committed, with respect to methamphetamine\nor other controlled substance classified in Schedule I or II, for the benefit\nof, at the direction of, or in association with any criminal street gang as\ndefined in § 18.2-46.1.\n\nJ. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any\nperson who possesses any two or more different substances listed below with the\nintent to manufacture methamphetamine, methcathinone, or amphetamine is guilty\nof a Class 6 felony: liquefied ammonia gas, ammonium nitrate, ether,\nhypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine\ncrystals or tincture of iodine, phenylacetone, phenylacetic acid, red\nphosphorus, methylamine, methyl formamide, lithium, sodium metal, sulfuric acid,\nsodium hydroxide, potassium dichromate, sodium dichromate, potassium\npermanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs,\ntrichloroethane, or 2-propanone.\n\nK. The term “methamphetamine precursor drug,” when used in this\narticle, means a drug or product containing ephedrine, pseudoephedrine, or\nphenylpropanolamine or any of their salts, optical isomers, or salts of optical\nisomers.\n\nHISTORY: Code 1950, \u00a7 54-524.101:1; 1972, c. 798; 1973, c. 479; 1974, c. 586;\n1975, cc. 14, 15; 1976, c. 614; 1977, c. 409; 1978, cc. 177, 779; 1979, c. 435;\n1982, cc. 276, 462; 1985, c. 569; 1986, c. 453; 1988, c. 355; 1990, c. 82; 1991,\nc. 13; 1992, cc. 685, 737, 756; 1995, c. 538; 1999, c. 722; 2000, cc. 1020,\n1041; 2004, c. 461; 2005, cc. 174, 759, 796, 923, 941; 2006, cc. 697, 759; 2008,\ncc. 79, 618; 2009, c. 750; 2012, cc. 219, 710, 844; 2013, c. 426; 2014, c. 513;\n2025, cc. 394, 403.","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}}