Despite the fact that Virginia has a medical marijuana law on the books, growing, selling or otherwise distributing controlled substances still remains a crime. Depending on the type of drug and the amount of it you possess or control, you could face substantial penalties if convicted of one of these crimes, all of which are felonies.
Virginia categorizes drug felonies according to which type of controlled substance the conviction involves.
Schedule I or II substances
Schedule I and II substances include cocaine, methamphetamines and heroin. Your first conviction for manufacturing, selling or distributing any amount of cocaine or heroin will get you a prison sentence of between five and 40 years, plus a maximum fine of $500,000. A second conviction carries a mandatory prison sentence of three years. A third or subsequent conviction carries a mandatory 10-year prison sentence.
You will face 10-20 years in prison and a maximum $500,000 fine for a first methamphetamine distribution conviction. Your second conviction carries a 10-year minimum sentence. In addition, you will need to pay all cleanup charges if you owned the property or compensate the property owner for these charges if you did not own the property yourself.
Schedule III or IV substances
Schedule III and IV substances include opioids. codeine and prescription tranquilizers and/or sedatives such as Xanax and Valium. Selling or distributing any amount of a Schedule III drug represents a Class 5 felony for which possible penalties include one to 10 years in prison. The court can, however, sentence you to a 12-month jail term and/or a maximum fine of $2,500.
Selling or distributing any amount of a Schedule IV drug represents a Class 6 felony for which possible penalties include one to five years in prison. As with a Schedule III conviction, the court has the discretion to sentence you to a 12-month jail term and/or a maximum fine of $2,500.