Virginia Law and Penalties – THC Oil

OffenseClassificationIncarcerationMax. Fine
Possessing THC OilFelony1 – 10 years$ 2,500
Manufacturing, selling, giving, distributing, or possessing with intent to distributeFelony5 – 40 years$ 500,000
Bringing more than 1 oz of THC oil into the stateFelony5 – 40 years$ 1,000,000

Subsequent offenses carry greater penalties.


Felony Possession of THC Oil

Possession of THC Oil (tetrahydrocannabinol) is prosecuted under Va Law § 18.2-250 as a Class 5 Felony for Possession of Schedule I Controlled Substance. The maximum penalty in Virginia for a Class 5 Felony drug possession charge is 10 years in prison, drug education classes, a $2500 fine, and probation.

Tetrahydrocannabinol or THC Oil or THC cartridges means the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives, of the genus Cannabis, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity. The Virginia definition specifically excludes tetrahydrocannabinol from this felony category when it was merely  present naturally within marijuana. Tetrahydrocannabinol has a concentration of greater than 0.3 percent that is derived from industrial hemp.


Possession with Intent to Distribute THC Oil

Possession of THC Oil with the intent to sell or distribute (THC Oil PWID) is a Felony offense punished by imprisonment from 5 to 40 years and a fine of up to $500,000. A second offense risks life imprisonment.

Defending the case in court. Virginia courts have considered a number of factors alone and in combination when determining if an intent to distribute exists.

1) packaging – packaging of the narcotic in smaller, thus more readily distributable doses or cartridges of THC oil, are more indicative of intent to distribute

2) quantity – heavier / larger quantities show intent to distribute as opposed to personal use

3) presence or absence of drug paraphernalia for personal use – the absence of drug “paraphernalia suggestive of personal use” as evidence of an intent to distribute

4) expert testimony – expert testimony, such as from a police officer, is one factor to be considered by the fact finder in determining whether the THC oil cartridges were possessed with intent to distribute

5) a large amount of money – the presence of an unusual amount of cash, suggesting profit from sales, is another circumstance that negates an inference of possession for personal use

6) paraphernalia consistent with distribution – the presence of paraphernalia such as scales, new cartridges, baggie corners, or razor blades used in the packaging process is inconsistent with possession for personal use, for example.



Distribution of THC Oil, Tetrahydrocannabinol

 


Hashish oil is considered marijuana, not THC oil. Hashish oil / marijuana distribution is discussed separately

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