Possession With Intent to Distribute Methamphetamine
Virginia Law on Possession with Intent to Distribute Methamphetamine
Virginia law, Va Code. 18.2-248.03, has two specific provisions prohibiting the distribution of Methamphetamine.
A. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
and
B. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
Distribution of One Ounce of Methamphetamine
Va. Code 18.2-268.03(A), above, prohibits distribution of 28 grams (one ounce) of Methamphetamine. As is typical in weigh calculations for drug offenses, the weight is calculated by the entire mixture of the substance, not by what amount of it is actually Methamphetamine. So a mixture of 29 grams that is only 50% Methamphetamine is covered by this section.
If the weight is more than 28 grams, the penalty is specifically laid out for this Unclassified Felony: a fine of up to $500,000, and a sentence of 5-40 years, with a mandatory minimum of 3 years.
Distribution of a Half-Pound of Methamphetamine
Section B, above, prohibits distribution of a 227 grams (half-pound) of Methamphetamine. The weight calculation is the same; the weight is determined by the entire amount of the substance, regardless of how much is actually Methamphetamine.
This, too, is an Unclassified Felony, and it is punished by a fine of up to $1,000,000 with a sentence of 5 years to life, of which 5 years is a mandatory minimum.
Hire A Lawyer if You Have Been Charged With Drug Distribution
If you have been charged with Possession with Intent to Distribute Methamphetamine, contact our Northern Virginia Criminal Defense Attorneys to learn how we can help you.
