Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 7. Crimes Involving Health and Safety » Article 1. Drugs
Virginia Code

Va. Code Ann. § 18.2-248.01 (2026)

Transporting controlled substances into the Commonwealth; penalty

✓ current as of May 2026
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Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.

1992, c. 723; 2000, cc. 1020, 1041; 2004, c. 461.

Notes of Decisions
Cited in 50 cases (8 in the last 5 years), 1995–2026 · leading case: Kelly v. Commonwealth.
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Kelly v. Commonwealth (Va. Ct. App. 2003). · cites it 34× “1), but reversed his conviction for importing narcotics into Virginia with intent to distribute (in violation of Code § 18.2-248.01), finding the evidence insufficient, as a matter of law, to support that conviction.”
Washington v. Commonwealth (Va. Ct. App. 2004). · cites it 30× “1(a)(2), and of transporting more than five pounds of marijuana into the Commonwealth with intent to distribute, in violation of Code § 18.2-248.01. On appeal, Washington contends the trial court erred (1) in denying his motion to suppress the statement he made to police and (2)…”
Londono v. Commonwealth (Va. Ct. App. 2003). · cites it 22× “John Londono was convicted of transporting into the Commonwealth more than one ounce of heroin with intent to distribute, in violation of Code § 18.2-248.01, and of conspiring to transport into the Commonwealth more than one ounce of heroin with intent to distribute, in…”
Seke v. Commonwealth (Va. Ct. App. 1997). · cites it 44× “2-248 and of transportation of one or more ounces of cocaine into the Commonwealth with the intent to distribute in violation of Code § 18.2-248.01. He contends that the evidence was insufficient to support his convictions under both Code § 18.”
Green v. Commonwealth (Va. Ct. App. 2000). · cites it 24× “2-250, 1 and transporting cocaine with the intent to distribute, in violation of Code § 18.2-248.01. On appeal, he contends the trial court erred: (1) in denying his motion to suppress; and (2) in finding that venue for the transportation of cocaine charge was proper in the City…”
Shackleford v. Commonwealth (Va. 2001). · cites it 6× “2-248, transporting one ounce or more of cocaine into the Commonwealth with the intent to sell or distribute in violation of Code § 18.2-248.01, and possession of a firearm with intent to distribute a controlled substance in violation of Code § 18.”
Gheorghiu v. Commonwealth (Va. Ct. App. 2009). · cites it 20× “In Green , the defendant was convicted of several drug offenses in the City of Suffolk, including transporting one ounce or more of cocaine into the Commonwealth with the intent to distribute, in violation of Code § 18.2-248.01. Green, 32 Va.App. at 441, 448 , 528 S.”
Everton Daye v. U.S. Attorney Gen. (11th Cir. 2022). · cites it 13× “The IJ determined that the prohibited substances in Va. Code Ann. § 18.2-248.01 were broader than the federal controlled substances.”
Magruder v. Com. (Va. 2008). · cites it 6× “2-248(C), unlawful transportation of cocaine into the Commonwealth with the intent to distribute, in violation of Code § 18.2-248.01, and conspiracy to distribute cocaine, in violation of Code §§ 18.”
Merritt v. Commonwealth (Va. Ct. App. 2011). · cites it 8× “2-248; transporting ecstasy into the Commonwealth, with intent to distribute, in violation of Code § 18.2-248.01; and conspiracy to possess ecstasy with intent to distribute in violation of Code § 18.”
Medley v. Commonwealth (Va. Ct. App. 2004). · cites it 4× “2-248) and transporting more than one ounce of cocaine into the Commonwealth with the intent to distribute (in violation of Code § 18.2-248.01), finding that police officers failed to "scrupulously honor" Medley's invocation of his Miranda rights and, therefore, that the trial…”
Merritt v. Commonwealth (Va. Ct. App. 2010). · cites it 8× “2-248; transporting into the Commonwealth one ounce or more of a Schedule I or II controlled substance with the intent to distribute, Code § 18.2-248.01; and conspiracy to distribute MDMA, Code § 18.”
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— Va. Code Ann. § 18.2-248.01(a)(2) — 1 case
Commonwealth v. Harris (Richmond County Cir. Ct. 1999).
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