Virginia Criminal Defense Firm: Drug Possession and Drug Distribution

Have you been charged with illegal drug possession or possession with intent to distribute? If you are facing drug charges in Fairfax court, or any courts throughout Northern Virginia, we encourage you to contact The Gordon Law Firm.

We handle criminal charges involving all drugs, including:

  • Marijuana
  • Cocaine
  • Heroin
  • Ecstasy
  • All controlled substances
  • All narcotics charges
  • Prescription drug offenses

If you have been charged with drug possession in Loudoun, Prince William or Fairfax County and need to speak with an experienced criminal defense lawyer, contact us. We are pleased to offer a free phone or office consultation to discuss your case. We have office locations in Fairfax and Leesburg. To schedule a free consultation, call 703.218.8416 or contact us by e-mail. For toll-free assistance, call 866.591.6682.

Drug Charges in Virginia

Possession of marijuana can result in a misdemeanor charge. Mere possession of other drugs like cocaine, heroin, ecstasy, crack or methamphetamines, even in small amounts, can result in felony criminal charges. Punishment for a felony drug possession can range from probation to a sentence of up to 10 years in prison.

If you have been charged with a drug crime, protect your rights by contacting an experienced criminal defense lawyer. Our attorneys have the trial experience and knowledge of local courts necessary to provide clients with a vigorous defense.

Penalties for Drug Distribution in Virginia

§ 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.

Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.

(a) Any person who violates this section with respect to:

(1) Not more than one-half ounce of marijuana is guilty of a Class 1 misdemeanor;

(2) More than one-half ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;

(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.

If such person proves that he gave, distributed or possessed with intent to give or distribute 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 marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor.

(b) Any person who gives, distributes or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof shall be guilty of a Class 4 felony.

(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.

(d) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.

(1979, c. 435; 1986, c. 467; 2000, cc. 819, 1020, 1041; 2004, c. 461; 2006, cc. 697, 759.)