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 § 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 § 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 § 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 (§ 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.
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.
Notes of Decisions
Cited in
47
cases (
1 in the last 5 years), 1990–2024 · leading case:
Commonwealth v. Burns, 395 S.E.2d 456 (Va. 1990).
Commonwealth v. Burns, 395 S.E.2d 456 (Va. 1990).
· cites it 31× “§ 845a does not create a separate offense, as does Va. Code § 18.2-255.2, but provides for enhanced penalties for selling narcotics in a drug-free zone.”
Fullwood v. Com., 689 S.E.2d 742 (Va. 2010).
· cites it 26× “This appeal involves the application of Code § 18.2-255.2, which is entitled "Prohibiting the sale or manufacture of drugs on or near certain properties.”
Smith v. Commonwealth, 496 S.E.2d 117 (Va. Ct. App. 1998).
· cites it 12× “2-248, one count of distribution of cocaine within 1,000 feet of a school, in violation of Code § 18.2-255.2, and one count of conspiracy to distribute cocaine, in violation of Code § 18.”
Toliver v. Commonwealth, 561 S.E.2d 743 (Va. Ct. App. 2002).
· cites it 10× “3 Code § 18.2-255.2 provides as follows, in relevant part: 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 (i) upon the property,…”
Phillips v. Commonwealth, 514 S.E.2d 340 (Va. 1999).
· cites it 8× “Phillips, charging him with felony offenses of selling marijuana on the grounds of Lebanon High School in Russell County, on or about January 19 and 24, 1996, in violation of Code § 18.2-255.2. One week later, two more arrest warrants were issued against Phillips charging him…”
Bynum v. Commonwealth, 704 S.E.2d 131 (Va. Ct. App. 2011).
· cites it 4× “Roger Lee Bynum appeals his conviction for possession with intent to distribute heroin within 1,000 feet of school property in violation of Code § 18.2-255.2. Bynum argues that the testimony of two police officers who relied on an aerial photograph to calculate the distance…”
Fullwood v. Commonwealth, 676 S.E.2d 348 (Va. Ct. App. 2009).
· cites it 22× “The trial court convicted Ronnie Eugene Fullwood (“Full-wood”) of two counts of possessing drugs with the intent to distribute, within one thousand feet of a school in violation of Code § 18.2-255.2. He was also convicted of several related drug and gun charges, but the two…”
Walker v. Commonwealth, 595 S.E.2d 30 (Va. Ct. App. 2004).
· cites it 2× “2-248, and possession with the intent to distribute heroin within 1,000 feet of school property, in violation of Code § 18.2-255.2. On appeal, appellant contends the trial court erred: (1) in overruling his motion to suppress the drugs found on his person because the police…”
Gibson v. Commonwealth, 653 S.E.2d 626 (Va. Ct. App. 2007).
· cites it 4× “, appeals his convictions from the Circuit Court for the City of Newport News for distribution of or possession with intent to distribute controlled substances on or near a school in violation of Code § 18.2-255.2 and possession of marijuana with intent to distribute in…”
Commonwealth v. Alvarez, 596 N.E.2d 325 (Mass. 1992).
· cites it 2× “); Va. Code Ann. § 18.2-255.2 (Michie 1991 Supp.”
Commonwealth of Virginia v. Shawn Lynn Botkin, 805 S.E.2d 412 (Va. Ct. App. 2017).
· cites it 2× “1 (requiring sentence for use or display of firearm in committing felony to run consecutively with sentence for primary felony); Code § 18.2-255.2(B) (requiring “mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence”); Code § 18.”
— Va. Code Ann. § 18.2-255.2(A) — 4 cases
Commonwealth v. Burns, 395 S.E.2d 456 (Va. 1990).
“§ 845a does not create a separate offense, as does Va. Code § 18.2-255.2, but provides for enhanced penalties for selling narcotics in a drug-free zone.”
Smith v. Commonwealth, 496 S.E.2d 117 (Va. Ct. App. 1998).
“2-248, one count of distribution of cocaine within 1,000 feet of a school, in violation of Code § 18.2-255.2, and one count of conspiracy to distribute cocaine, in violation of Code § 18.”
Fullwood v. Commonwealth, 676 S.E.2d 348 (Va. Ct. App. 2009).
“The trial court convicted Ronnie Eugene Fullwood (“Full-wood”) of two counts of possessing drugs with the intent to distribute, within one thousand feet of a school in violation of Code § 18.2-255.2. He was also convicted of several related drug and gun charges, but the two…”
— Va. Code Ann. § 18.2-255.2(A)(2) — 1 case
— Va. Code Ann. § 18.2-255.2(A)(ii) — 6 cases
Fullwood v. Com., 689 S.E.2d 742 (Va. 2010).
“This appeal involves the application of Code § 18.2-255.2, which is entitled "Prohibiting the sale or manufacture of drugs on or near certain properties.”
Smith v. Commonwealth, 496 S.E.2d 117 (Va. Ct. App. 1998).
“2-248, one count of distribution of cocaine within 1,000 feet of a school, in violation of Code § 18.2-255.2, and one count of conspiracy to distribute cocaine, in violation of Code § 18.”
Fullwood v. Commonwealth, 676 S.E.2d 348 (Va. Ct. App. 2009).
“The trial court convicted Ronnie Eugene Fullwood (“Full-wood”) of two counts of possessing drugs with the intent to distribute, within one thousand feet of a school in violation of Code § 18.2-255.2. He was also convicted of several related drug and gun charges, but the two…”
— Va. Code Ann. § 18.2-255.2(B) — 7 cases
Commonwealth of Virginia v. Shawn Lynn Botkin, 805 S.E.2d 412 (Va. Ct. App. 2017).
“1 (requiring sentence for use or display of firearm in committing felony to run consecutively with sentence for primary felony); Code § 18.2-255.2(B) (requiring “mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence”); Code § 18.”
Fullwood v. Commonwealth, 676 S.E.2d 348 (Va. Ct. App. 2009).
“The trial court convicted Ronnie Eugene Fullwood (“Full-wood”) of two counts of possessing drugs with the intent to distribute, within one thousand feet of a school in violation of Code § 18.2-255.2. He was also convicted of several related drug and gun charges, but the two…”
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