Virginia Code

Va. Code Ann. § 18.2-256 (2026)

Conspiracy

✓ current as of May 2026
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Any person who conspires to commit any offense defined in this article or in the Drug Control Act (§ 54.1-3400 et seq.) is punishable by imprisonment or fine or both which may not be less than the minimum punishment nor exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy.

Code 1950, § 54-524.104; 1970, c. 650; 1972, c. 798; 1975, cc. 14, 15; 1978, c. 130.

Notes of Decisions
Cited in 64 cases (5 in the last 5 years), 1984–2025 · leading case: Fortune v. Commonwealth, 406 S.E.2d 47 (Va. Ct. App. 1991).
Fortune v. Commonwealth, 406 S.E.2d 47 (Va. Ct. App. 1991). · cites it 6× “His appeal raises two issues: (1) whether an accused may be convicted under Code § 18.2-256 for conspiring to distribute cocaine with a police officer and the officer’s confidential informant, and (2) whether the trial judge abused discretion in sentencing Fortune.”
Wooten v. Commonwealth, 368 S.E.2d 693 (Va. 1988). · cites it 9× “In this criminal case, the question for decision is whether a single agreement to commit several drug-related crimes can form the basis for multiple convictions under the narcotics conspiracy statute, Code § 18.2-256. Defendant Alonzo Nathaniel Wooten was convicted in the…”
Boyd v. Commonwealth, 374 S.E.2d 301 (Va. 1988). · cites it 3× “— Notwithstanding any other provision of this article or of § 18.2-256 [punishing drug-related conspiracy], in any case where a defendant has been tried and convicted of an act he has also conspired to commit, such defendant shall be subject to conviction only for the completed…”
Merritt v. Commonwealth, 704 S.E.2d 158 (Va. Ct. App. 2011). · cites it 4× “01; and conspiracy to possess ecstasy with intent to distribute in violation of Code § 18.2-256. The Commonwealth's theory was that Merritt served as the "muscle" in an illegal narcotics scheme in which his role was to safeguard the transportation of a large quantity of ecstasy…”
Langhorne v. Commonwealth, 409 S.E.2d 476 (Va. Ct. App. 1991). · cites it 2× “2-248 and conspiring to distribute heroin in violation of Code §§ 18.2-256 and 18.2-248. The trial court sentenced Langhorne in accordance with the jury verdicts to thirty years imprisonment and a $20,000 fine.”
Kelso v. Commonwealth, 698 S.E.2d 263 (Va. Ct. App. 2010). · cites it 4× “1, coupled with Code § 18.2-256’s proscription against conspiring to commit a drug crime constitutes the continuing offense of conspiracy to distribute marijuana.”
Merritt v. Commonwealth, 689 S.E.2d 757 (Va. Ct. App. 2010). · cites it 4× “01; and conspiracy to distribute MDMA, Code § 18.2-256. Merritt was sentenced by the trial court to eighteen (18) years in the Virginia State Penitentiary with eleven (11) of those years suspended for a period of eleven (11) years of indeterminate supervised probation.”
Zuniga v. Commonwealth, 375 S.E.2d 381 (Va. Ct. App. 1988). · cites it 2× “Patrick Edward Zuniga was convicted of conspir- acy to distribute cocaine in violation of Code §§ 18.2-256 and 18.2-248. He was sentenced to forty years in the state penitentiary with twenty-two years suspended and was fined $10,000.”
Nichols v. Commonwealth, 369 S.E.2d 218 (Va. Ct. App. 1988). · cites it 4× “, appeals his conviction of conspiracy to distribute cocaine in violation of Code §§ 18.2-256 and 18.2-248, contending that: (1) his sixth amendment right to confrontation was violated when the trial court did not strike the direct testimony of a co-conspirator after he refused…”
Graves v. Commonwealth, 363 S.E.2d 705 (Va. 1988). · cites it 11× “, that he “feloniously did conspire with others to distribute marijuana in an amount in excess of one-half ounce” in violation of Code § 18.2-256. In a final order entered December 3, 1985, the court sentenced Graves to a term of five years imprisonment with four years suspended…”
Smith v. Commonwealth, 496 S.E.2d 117 (Va. Ct. App. 1998). · cites it 2× “2, and one count of conspiracy to distribute cocaine, in violation of Code § 18.2-256. Defendant contends the trial court erred when it: (1) ruled that a general *623 order regarding the filing of a “PD-256” confiscation form was irrelevant, (2) ruled that the parking lot of a…”
Kelso v. Com., 710 S.E.2d 470 (Va. 2011). · cites it 2× “NOTES [1] Kelso also was indicted and convicted of conspiracy to distribute more than five pounds of marijuana in violation of Code §§ 18.2-256 and 18.2-248.1. That conviction is not the subject of this appeal.”
— Va. Code Ann. § 18.2-256(1) — 1 case
— Va. Code Ann. § 18.2-256(5) — 1 case
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