                                 CODE OF VIRGINIA

PENALTIES FOR SALE, GIFT, DISTRIBUTION OR POSSESSION WITH INTENT TO SELL, GIVE
OR DISTRIBUTE MARIJUANA (§ 18.2-248.1)

Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it is
unlawful for any person to sell, give, distribute or possess with intent to
sell, give, or distribute marijuana.

a. Any person who violates this section with respect to:

   1. Not more than one ounce of marijuana is guilty of a Class 1 misdemeanor;

   2. More than one ounce but not more than five pounds of marijuana is guilty of
   a Class 5 felony;

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

b. Any person who gives, distributes, or possesses marijuana as an accommodation
and not with intent to profit thereby, to an inmate of a state or local
correctional facility, as defined in &#xA7; 53.1-1, or in the custody of an
employee thereof is guilty of a Class 4 felony.

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

d. When a person is convicted of a third or subsequent felony offense under this
section and it is alleged in the warrant, indictment or information that he has
been before convicted of two or more felony offenses under this section or of
substantially similar offenses in any other jurisdiction which offenses would be
felonies if committed in the Commonwealth, and such prior convictions occurred
before the date of the offense alleged in the warrant, indictment, or
information, he shall be sentenced to imprisonment for life or for any period
not less than five years, five years of which shall be a mandatory minimum term
of imprisonment to be served consecutively with any other sentence and he shall
be fined not more than $500,000.

HISTORY: 1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461;
2006, cc. 697, 759; 2020, cc. 1285, 1286.