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Examining 3 Types Of Meth Drug Crimes Under Virginia Law

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Methamphetamine (“meth”) is an illegal drug classified as a Schedule II controlled substance in Virginia. Meth is in this schedule due to a high likelihood of abuse, severely restricted medical use, and potential for mental and physical dependence. Furthermore, the meth manufacturing process can be extremely dangerous due to the output of toxic fumes. Combining these factors, Virginia law includes strict laws against and severe penalties for various meth drug crimes.

  1. Meth Trafficking Drug Crimes

Code of Virginia Section 18.2-248.01 makes it unlawful to:

  • Transport at least one ounce of meth into Virginia; and
  • Demonstrate an intent to sell or distribute the meth in question.

Section 18.2-248.01 also provides the penalty for meth trafficking crimes. Any person who commits a meth trafficking for a:

  • First Time — Is subject to felony charges and a potential punishment of imprisonment for five to 40 years and criminal fines up to $1 million; or
  • Second or Subsequent Time — Is subject to felony charges and a potential punishment of imprisonment for 10 to 40 years and criminal fines up to $1 million.
  1. Meth Manufacturing Drug Crimes

Code of Virginia Section 18.2-248.02 makes it illegal for any adult to manufacture meth or attempt to manufacture meth and knowingly allow:

  • A minor under 15 years old to be present at the scene;
  • A minor at least 15 years old to be present at the scene, if the adult is the parent, guardian, or custodian of the minor; or
  • A mentally or physically disabled person of any age to be present at the scene.

Section 18.2-248.02 also furnishes the penalty for this type of meth manufacturing crime. Any adult who violates this section is subject to felony charges and a potential punishment of imprisonment for 10 to 40 years and criminal fines. In these cases, the offender is also financially responsible for the cleaning, restoration, or replacement of any damage stemming from meth manufacturing.

  1. Meth Distribution Drug Crimes

Code of Virginia Section 18.2-248.03 makes it unlawful to distribute, manufacture, give away, or sell meth. This section also criminalizes the possession of meth with intent to distribute, manufacture, give away, or sell. Collectively, these offenses are referred to as “distribution” crimes due to the identical nature of punishment, as explained in more detail below.

Section 18.2-248.03 also details the penalty for meth distribution crimes. Under this section, any person who commits a meth distribution crime involving:

  • 28 grams or more — Is subject to felony charges and a potential punishment of imprisonment for five to 40 years and criminal fines up to $500,000; or
  • 227 grams or more — Is subject to felony charges and a potential punishment of imprisonment for five years to life and criminal fines up to $1 million.

Do You Need Legal Help?

For help with your case, it is important to contact a Leesburg criminal lawyer. The lawyers at Simms Showers LLP have many years of combined legal experience in criminal defense, including drug crimes. Contact us today for a consultation.

SOURCES:

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-248.01/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-248.02/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-248.03/

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