                                 CODE OF VIRGINIA

PROHIBITING THE SALE OR MANUFACTURE OF DRUGS ON OR NEAR CERTAIN PROPERTIES;
PENALTY (§ 18.2-255.2)

A. It shall be unlawful for any person to manufacture, sell or distribute or
possess with intent to sell, give or distribute any controlled substance,
imitation controlled substance, or marijuana while:

   1. Upon the property, including buildings and grounds, of any public or
   private elementary or secondary school, any institution of higher education,
   or any clearly marked licensed child day center as defined in &#xA7;
   22.1-289.02;

   2. Upon public property or any property open to public use within 1,000 feet
   of the property described in subdivision 1;

   3. On any school bus as defined in &#xA7; 46.2-100;

   4. Upon a designated school bus stop, or upon either public property or any
   property open to public use which is within 1,000 feet of such school bus
   stop, during the time when school children are waiting to be picked up and
   transported to or are being dropped off from school or a school-sponsored
   activity;

   5. Upon the property, including buildings and grounds, of any publicly owned
   or publicly operated recreation or community center facility or any public
   library; or

   6. Upon the property of any state facility as defined in &#xA7; 37.2-100 or
   upon public property or property open to public use within 1,000 feet of such
   an institution. It is a violation of the provisions of this section if the
   person possessed the controlled substance, imitation controlled substance, or
   marijuana on the property described in subdivisions 1 through 6, regardless of
   where the person intended to sell, give or distribute the controlled
   substance, imitation controlled substance, or marijuana. Nothing in this
   section shall prohibit the authorized distribution of controlled substances.

B. Violation of this section shall constitute a separate and distinct felony.
Any person violating the provisions of this section shall, upon conviction, be
imprisoned for a term of not less than one year nor more than five years and
fined not more than $100,000. A second or subsequent conviction hereunder for an
offense involving a controlled substance classified in Schedule I, II, or III of
the Drug Control Act (&#xA7; 54.1-3400 et seq.) or more than one-half ounce of
marijuana shall be punished by a mandatory minimum term of imprisonment of one
year to be served consecutively with any other sentence. However, if such person
proves that he sold such controlled substance or 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 controlled substance or marijuana to use or become addicted to
or dependent upon such controlled substance or marijuana, he is guilty of a
Class 1 misdemeanor.

C. If a person commits an act violating the provisions of this section, and the
same act also violates another provision of law that provides for penalties
greater than those provided for by this section, then nothing in this section
shall prohibit or bar any prosecution or proceeding under that other provision
of law or the imposition of any penalties provided for thereby.

HISTORY: 1982, c. 594; 1989, cc. 619, 682, 709; 1990, cc. 617, 622; 1991, c.
268; 1991, 1st Sp. Sess., c. 14; 1993, cc. 30, 708, 729; 1999, c. 873; 2000, cc.
1020, 1041; 2003, cc. 80, 91; 2004, c. 461; 2005, c. 716; 2006, c. 325; 2011,
cc. 384, 410; 2014, cc. 674, 719; 2020, cc. 860, 861.