Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 10. Crimes Against the Administration of Justice » Article 7. Escape of, Communications with and Deliveries to Prisoners
Virginia Code

Va. Code Ann. § 18.2-474.1 (2026)

Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons

✓ current as of May 2026
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Notwithstanding the provisions of § 18.2-474, any person who shall willfully in any manner deliver, attempt to deliver, or conspire with another to deliver to any prisoner confined under authority of the Commonwealth of Virginia, or of any political subdivision thereof, or to any person committed to the Department of Juvenile Justice in any juvenile correctional center, any drug which is a controlled substance regulated by the Drug Control Act in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 or marijuana is guilty of a Class 5 felony. Any person who shall willfully in any manner so deliver or attempt to deliver or conspire to deliver to any such prisoner or confined or committed person, firearms, ammunitions, or explosives of any nature is guilty of a Class 3 felony.

Nothing herein contained shall be construed to repeal or amend § 18.2-473.

1975, c. 608; 1982, c. 490; 2011, cc. 384, 410; 2013, cc. 707, 782; 2014, cc. 674, 719.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1986–2026 · leading case: Logan v. Commonwealth, 600 S.E.2d 133 (Va. Ct. App. 2004).
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Logan v. Commonwealth, 600 S.E.2d 133 (Va. Ct. App. 2004). · cites it 44× “Finding no violation of double jeopardy principles, we affirm the conviction of delivering marijuana to a prisoner. On December 22, 2002, appellant confessed to delivering marijuana to a prisoner in the Sussex prison.”
Williams v. Commonwealth, 407 S.E.2d 319 (Va. Ct. App. 1991). · cites it 20× “piracy indictments because the evidence proved, at most, a single conspiracy to commit multiple deliveries of marijuana rather than seven separate conspiracies to deliver marijuana; (2) whether the evidence was sufficient to sustain the conviction of attempted delivery of…”
Henry v. Commonwealth, 342 S.E.2d 655 (Va. Ct. App. 1986). · cites it 4× “Henry’s prosecution was pursuant to Code § 18.2-474.1, which makes conspiring to deliver drugs to a prisoner *198 a Class 5 felony and conspiring to deliver a firearm to a prisoner a Class 3 felony.”
Lewis v. Commonwealth, 423 S.E.2d 371 (Va. Ct. App. 1992). · cites it 2× “Lewis attempted to deliver marijuana to a prisoner in violation of Code § 18.2-474.1. We reverse the conviction.”
Brian David Crockett v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 4× “Brian David Crockett appeals two convictions for conspiracy to deliver a controlled substance to an inmate, in violation of Code § 18.2-474.1. Crockett contends that the evidence failed to exclude the reasonable hypothesis of innocence that he was an unwitting recipient of the…”
Travis Lamont Nowell v. Commonwealth of Virginia (Va. Ct. App. 2026). · cites it 4× “In a bench trial, Travis Lamont Nowell was convicted of delivering or conspiring to deliver a controlled substance to a prisoner, in violation of Code § 18.2-474.1, and bribery of a public official, in violation of § 18.”
Neil Wayne Hounshell, s/k/a Neil Wayne Hounshell, II v. Commonwealth of Virginia (Va. Ct. App. 2010). · cites it 5× “2-248, and two counts of attempt to deliver to a prisoner a controlled substance, in violation of Code § 18.2-474.1. On appeal, appellant challenges the sufficiency of the evidence for all four charges.”
Commonwealth of Virginia v. Rasheda Ray (Va. Ct. App. 2019). · cites it 2× “A grand jury indicted Rasheda Ray for conspiring to distribute drugs to a prisoner in violation of Code § 18.2-474.1. Ray filed a motion to suppress evidence recovered in her home and statements that she made on the same day, alleging that both were obtained as the result of an…”
Kionne L. Pulley s/k/a Kionne Lydell Pulley (Va. Ct. App. 2021). · cites it 2× “2-248, and soliciting another to deliver a controlled substance to a prisoner, in violation of Code § 18.2-474.1. On appeal, Pulley argues that the Circuit Court of Augusta County (“trial court”) erred by admitting certain statements that violated the rule against hearsay and…”
Ricardo Manzell Hope v. Commnwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “Code § 18.2-474.1. “Conspiracy is defined as ‘an agreement between two or more persons by some concerted action to commit an offense.”
Sherman O. Davis v. Commonwealth (Va. Ct. App. 2003). · cites it 2× “Davis appeals his conviction, entered after a bench trial, for delivering or conspiring to deliver marijuana to an inmate, in violation of Code § 18.2-474.1. Davis contends the trial court erred in denying his request for a jury trial.”
Jacqueline Rodgers v. Commonwealth (Va. Ct. App. 2005). “Appellant challenges the sufficiency of the evidence from a conviction under Code § 18.2-474.1. That section reads, in pertinent part, “.”
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