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 § 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.
1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461; 2006, cc. 697, 759; 2020, cc. 1285, 1286.
Notes of Decisions
Cited in
259
cases (
24 in the last 5 years), 1980–2026 · leading case:
Kelly v. Commonwealth, 584 S.E.2d 444 (Va. Ct. App. 2003).
Kelly v. Commonwealth, 584 S.E.2d 444 (Va. Ct. App. 2003).
· cites it 8× “In that decision, a divided panel of this Court affirmed Kelly's conviction for possession of marijuana with intent to distribute (in violation of Code § 18.2-248.1), but reversed his conviction for importing narcotics into Virginia with intent to distribute (in violation of…”
Reynolds v. Commonwealth, 388 S.E.2d 659 (Va. Ct. App. 1990).
· cites it 20× “Lastly, they assert that the evidence, if admissible, was insufficient to support the indictment charging that appellants manufactured marijuana not for their own use, in violation of Code § 18.2-248.1(c). I. The Warrantless Entry Prior to the American Revolution, the right to…”
Cooper v. Commonwealth, 680 S.E.2d 361 (Va. Ct. App. 2009).
· cites it 10× “The trial court found Christopher Brent Cooper guilty of manufacturing marijuana not for his own use, Code § 18.2-248.1(c), and for knowingly receiving a stolen shotgun, Code § 18.”
Hargrove v. Commonwealth, 673 S.E.2d 896 (Va. Ct. App. 2009).
· cites it 16× “He argues that the evidence presented at trial failed to prove that he “was aware of the amount of marijuana” contained in the package he possessed and that Code § 18.”
Hill v. Commonwealth, 438 S.E.2d 296 (Va. Ct. App. 1993).
· cites it 18× “1-3401, which defines “marijuana,” and decide the extent to which marijuana stalks and marijuana seeds may be weighed to meet the statutory minimum weight requirement for possession of marijuana with intent to distribute proscribed by Code § 18.2-248.1. 1 We conclude that mature…”
Josephs v. Commonwealth, 390 S.E.2d 491 (Va. Ct. App. 1990).
· cites it 7× “The appellant, Faith Angela Josephs, contends that her conviction for distribution of marijuana in violation of Code § 18.2-248.1 should be overturned because (1) the state police improperly stopped the vehicle in which she was a passenger, and (2) the evidence was insufficient…”
Pierce v. Commonwealth, 652 S.E.2d 785 (Va. Ct. App. 2007).
· cites it 12× “andra Lanette Pierce ("Pierce") appeals her conviction of possession of marijuana with intent to distribute, in violation of Code § 18.2-248.1. On appeal, Pierce argues that the trial court erred in allowing testimony that Pierce had been previously convicted of perjury.”
Hutto v. Davis, 454 U.S. 370 (1982).
· cites it 4× “See Va. Code § 18.2-248.1(a)(2) (Supp. 1981) and § 18.”
Ervin v. Commonwealth, 704 S.E.2d 135 (Va. Ct. App. 2011).
· cites it 4× “Ervin (appellant) was convicted of possession of marijuana with intent to distribute, in violation of Code § 18.2-248.1. [1] Appellant argues on appeal that the evidence at trial was insufficient to prove beyond a reasonable doubt 1) that he constructively possessed the…”
Ian Christian Carlson v. Commonwealth of Virginia, 823 S.E.2d 28 (Va. Ct. App. 2019).
· cites it 4× “Ian Christian Carlson appeals his convictions for manufacturing marijuana in violation of Code § 18.2-248.1 and misdemeanor obstruction of justice for using a police radio during the commission of a crime in violation of Code § 18.”
Ruplenas v. Commonwealth, 275 S.E.2d 628 (Va. 1981).
· cites it 12× “, whether the penalties provided by Code § 18.2-248.1 must be applied to offenses occurring prior to the effective date of the statute (July 1, 1979), when trial and sentencing occurred after the effective date.”
King v. Commonwealth, 347 S.E.2d 530 (Va. Ct. App. 1986).
· cites it 10× “2(14a), “means the production, preparation, propagation, compounding, conversion or processing of any item.”
— Va. Code Ann. § 18.2-248.1(3) — 4 cases
— Va. Code Ann. § 18.2-248.1(A)(2) — 1 case
— Va. Code Ann. § 18.2-248.1(A)(3) — 2 cases
— Va. Code Ann. § 18.2-248.1(a) — 6 cases
Hargrove v. Commonwealth, 673 S.E.2d 896 (Va. Ct. App. 2009).
“He argues that the evidence presented at trial failed to prove that he “was aware of the amount of marijuana” contained in the package he possessed and that Code § 18.”
King v. Commonwealth, 347 S.E.2d 530 (Va. Ct. App. 1986).
“2(14a), “means the production, preparation, propagation, compounding, conversion or processing of any item.”
— Va. Code Ann. § 18.2-248.1(a)(1) — 8 cases
Hill v. Commonwealth, 438 S.E.2d 296 (Va. Ct. App. 1993).
“1-3401, which defines “marijuana,” and decide the extent to which marijuana stalks and marijuana seeds may be weighed to meet the statutory minimum weight requirement for possession of marijuana with intent to distribute proscribed by Code § 18.2-248.1. 1 We conclude that mature…”
— Va. Code Ann. § 18.2-248.1(a)(2) — 39 cases
Hutto v. Davis, 454 U.S. 370 (1982).
“See Va. Code § 18.2-248.1(a)(2) (Supp. 1981) and § 18.”
Hill v. Commonwealth, 438 S.E.2d 296 (Va. Ct. App. 1993).
“1-3401, which defines “marijuana,” and decide the extent to which marijuana stalks and marijuana seeds may be weighed to meet the statutory minimum weight requirement for possession of marijuana with intent to distribute proscribed by Code § 18.2-248.1. 1 We conclude that mature…”
— Va. Code Ann. § 18.2-248.1(a)(3) — 19 cases
Hargrove v. Commonwealth, 673 S.E.2d 896 (Va. Ct. App. 2009).
“He argues that the evidence presented at trial failed to prove that he “was aware of the amount of marijuana” contained in the package he possessed and that Code § 18.”
— Va. Code Ann. § 18.2-248.1(b) — 1 case
— Va. Code Ann. § 18.2-248.1(c) — 11 cases
Reynolds v. Commonwealth, 388 S.E.2d 659 (Va. Ct. App. 1990).
“Lastly, they assert that the evidence, if admissible, was insufficient to support the indictment charging that appellants manufactured marijuana not for their own use, in violation of Code § 18.2-248.1(c). I. The Warrantless Entry Prior to the American Revolution, the right to…”
Cooper v. Commonwealth, 680 S.E.2d 361 (Va. Ct. App. 2009).
“The trial court found Christopher Brent Cooper guilty of manufacturing marijuana not for his own use, Code § 18.2-248.1(c), and for knowingly receiving a stolen shotgun, Code § 18.”
King v. Commonwealth, 347 S.E.2d 530 (Va. Ct. App. 1986).
“2(14a), “means the production, preparation, propagation, compounding, conversion or processing of any item.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.