§ 18.2-248.01

Transporting controlled substances into the Commonwealth; penalty

Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $ 1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.

History

1992, c. 723; 2000, cc. 1020, 1041; 2004, c. 461.

Download

Trust, But Verify

If you’re reading this for anything important, you should double-check its accuracy—read § 18.2-248.01 on the official Code of Virginia website.

Keyboard Guide

Court Decisions

Kelly v. Com. (COA, 08/05/03)
. . . intent to distribute (in violation of Code § 18.2-248.01), finding the evidence insufficient, as a . . .
Seke v. Com. (COA, 03/11/97)
. . . his conviction under Code § 18.2-248.01. He asserts that Code § 18.2-248.01 requires the . . .
Green v. Com. (COA, 05/09/00)
. . . intent to distribute, in violation of Code § 18.2-248.01. On appeal, he contends the trial court . . .
Shackleford v. Com. (SCV, 06/08/01)
. . . to sell or distribute in violation of Code § 18.2-248.01, and possession of a firearm with intent . . .
Washington v. Com. (COA, 06/08/04)
. . . ." Code § 18.2-248.01. "The plain and obvious meaning of [Code § 18.2-248.01] is to . . .
Thomas v. Com. (COA, 05/21/02)
. . . into the Commonwealth in violation of Code § 18.2-248.01. The evidence established that before the . . .
Londono v. Com. (COA, 04/29/03)
. . . violation of Code § 18.2-248.01, and conspiring to do so, in violation of Code § 18.2-248.01.[4] . . .
Bolden v. Com. (SCV, 04/19/02)
. . . intent to distribute in violation of Code § 18.2-248.01 but that conviction is not before the . . .
Magruder v. Com. (SCV, 02/29/08)
. . . intent to distribute, in violation of Code § 18.2-248.01, and conspiracy to distribute cocaine, in . . .
McCary v. Com. (COA, 07/03/01)
. . . support his conviction for violating Code § 18.2-248.01. Again, we disagree. . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

SB1373: Cannabinoids, synthetic; penalties for possession, sale, etc.
SB926: Marijuana, synthetic; penalties for possession, intent to sell, distribute, etc.
HB2269: Mandatory minimum sentences; terms of confinement or imprisonment to be served consecutively. (passed)
SB832: Mandatory minimum sentences; terms of confinement or imprisonment to be served consecutively. (passed)
HB2371: Marijuana; legalization of simple marijuana possession, penalty. (failed)
HB2373: Marijuana; legalization of simple marijuana possession, penalty. (failed)
HB269: Marijuana; legalization of simple marijuana possession, penalty. (failed)
HB87: Marijuana; legalization of simple possession, penalties. (failed)
HB1815: Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
HB2312: Marijuana; legalization of simple possession, etc.
HB2312: Marijuana; legalization of simple possession, etc.
HB2331: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
HB2331: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
HB269: Marijuana; legalization of simple marijuana possession, penalty.
HB87: Marijuana; legalization of simple possession, penalties.
SB1243: Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
SB1406: Marijuana; legalization of simple possession, penalties.
SB1406: Marijuana; legalization of simple possession, penalties.
SB1443: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
SB1443: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
HB430: Cannabis control; retail market, penalties. (failed)
HB950: Cannabis control; retail market, penalties. (failed)
SB104: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term. (failed)
SB252: Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.
SB391: Cannabis control; retail market.
HB1750: Cannabis control; establishes framework for creation of retail marijuana market. (failed)
HB1960: Felony offenses; elimination of mandatory minimum sentences. (failed)
SB391: Cannabis control; retail market. (failed)
SB391: Cannabis control; retail market. (failed)
HB685: Fentanyl; selling, giving, or distributing, penalties. (failed)
HB773: Marijuana; modifies criminal penalties. (failed)
SB448: Cannabis control; establishes a framework for creation of a retail marijuana market, penalties. (failed)