Drug Distribution & Manufacturing

Drug Distribution and Manufacturing Charges in Virginia: Understanding the Law and Your Defense

Virginia takes drug crimes very seriously especially those involving the manufacture, sale, or distribution of controlled substances or their imitations. Under §18.2-248 of the Virginia Code, it is unlawful for anyone to manufacture, sell, give, distribute, or possess with the intent to distribute any controlled substance or imitation thereof, unless specifically authorized by the Drug Control Act.

What the Law Prohibits

This statute applies to a wide range of activities and substances. It prohibits not only direct sales or transfers of illegal drugs, but also the possession of such substances with intent to distribute even if no transaction has occurred. This includes both genuine controlled substances and "imitation" drugs, which may be treated similarly under the law if there is intent to deceive or exploit, especially when monetary exchange is involved.

Considerations for Imitation Substances

When prosecuting offenses involving imitation controlled substances, the court may consider whether there was a monetary exchange that significantly exceeded the actual value of the item. This helps determine whether there was intent to defraud or mislead—key elements in these cases.

Penalties Based on Substance Classification

Penalties are based primarily on the Schedule classification of the drug involved:

• Schedule I and II substances (e.g., heroin, cocaine, methamphetamine) carry some of the harshest penalties:
• A first offense may result in 5 to 40 years of imprisonment and fines of up to $500,000.
  
• A second offense with prior felony-level convictions in Virginia or another state can lead to a life sentence or a minimum of 5 years imprisonment, including a mandatory 3-year term to be served consecutively.
  
• For a third or subsequent offense, the court is required to impose a mandatory minimum sentence of 10 years, up to life imprisonment, along with a fine of up to $500,000.

Where the offense involves the manufacturing or trafficking of large quantities of substances like methamphetamine, heroin, or cocaine, fines can reach up to $1 million with a mandatory five-year minimum sentence.

Why Experienced Representation Matters

Facing prosecution under §18.2-248 is daunting. The charges are often aggressively pursued, and the penalties can be life-altering. Attorney Sheryl Shane brings over 20 years of experience navigating Virginia’s complex drug laws. She understands how to evaluate the legality of search and seizure methods, challenge the classification of substances, and assess the credibility of confidential informants or surveillance procedures.

Her strategic and ethical approach ensures that each client receives a customized defense, grounded in legal precision and practical insight. Whether fighting for a reduction in charges, advocating for alternative sentencing, or preparing for trial, Ms. Shane remains a steadfast ally throughout the process.