Cocaine: Virginia Criminal Law

Under Virginia Law, cocaine is classified as a Schedule I/II drug. It is unlawful in Virginia for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute cocaine. Penalties for cocaine distribution, manufacturing, selling, giving, and possessing with intent to manufacture, sell, give, or distribute, are listed under Va Law § 18.2-248.

Penalties for cocaine distribution are based on the weight or quantity of the aggregate value of the cocaine product in evidence.

Penalties for Distribution of Cocaine Based on Weight / Quantity

Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute 250g or more of a cocaine base or 500 g or more of a cocaine mixture can be found guilty of a felony and punished by a fine up to $1 million and imprisonment for 5 years to life, 5 years of which is a mandatory minimum term of imprisonment to be served consecutively with any other sentence.

If the quantum of cocaine is below these thresholds, mandatory minimum penalties do not apply but the defendant can still be imprisoned for up to 40 years and fined up to $500,000.

Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise have higher penalties, including higher mandatory minimum penalties and a maximum sentence of life imprisonment.

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