Bill Text: VA SB40 | 2018 | Regular Session | Prefiled
Bill Title: Marijuana; reduced penalties for distribution or possession with intent to distribute.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-29 - Failed to report (defeated) in Courts of Justice (6-Y 9-N) [SB40 Detail]
Download: Virginia-2018-SB40-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-248.1, 18.2-287.2, 18.2-460, and 19.2-386.22 of the Code of Virginia are amended and reenacted as follows:
§18.2-248.1. Penalties for sale, gift, or distribution of, or possession with intent to sell, give, or distribute, marijuana.
A. Except as authorized in the
Drug Control Act, Chapter 34 of
Title 54.1 (§54.1-3400 et
seq.), it shall be is unlawful for any person to
sell, give, distribute, or
possess with intent to sell, give, or
distribute marijuana.
(a) B. Any person who violates this
section with respect to:
(1) 1. Not more than one-half
one ounce of marijuana is guilty of a Class 1 misdemeanor;
(2) 2. More than one-half
one ounce but not more than
five pounds one pound
of marijuana is guilty of a Class 5 6 felony;
(3) 3. More than one pound but not more
than five pounds of marijuana
is guilty of a Class 5 felony punishable by imprisonment of not less than five
nor more than 30 years; and
4. More than five pounds of marijuana is guilty of a Class 4 felony.
If such person proves that he gave, distributed, or possessed with intent to
give or distribute marijuana only as an accommodation to another individual and
not with intent to profit thereby from any consideration received or expected
nor to induce the recipient or intended recipient of the marijuana to use or
become addicted to or dependent upon such marijuana, he
shall be is
guilty of a Class 1 misdemeanor.
(b) C. Any person who gives, or
distributes marijuana to, or
possesses marijuana as an accommodation to and
not with intent to profit thereby, to an
inmate of a state or local correctional facility as defined in §53.1-1, or in the custody of an
employee thereof shall be is guilty of a Class 4 felony.
(c) D. Any person who manufactures
marijuana, or possesses marijuana with the intent to manufacture such
substance, not for his own use is guilty of a felony punishable by imprisonment
of not less than five nor more than 30 years and a fine not to exceed $10,000.
There shall be a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.
(d) E. When a person is convicted
of a third or subsequent felony offense under this section and it is alleged in
the warrant, indictment, or
information that he has been before convicted of two or more felony offenses
under this section or of substantially similar offenses in any other
jurisdiction which offenses would be felonies if committed in the Commonwealth, and such prior convictions
occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be
sentenced to imprisonment for life or for any period not less than five years,
five years of which shall be a mandatory minimum term of imprisonment to be
served consecutively with any other sentence,
and he shall be fined not more than $500,000.
§18.2-287.2. Wearing of body armor while committing a crime; penalty.
Any person who, while committing a crime of violence as
defined in subdivision (2) of §18.2-288 (2) or a felony violation of §
18.2-248 or subdivision
(a) 2 or 3 B 2, 3, or 4
of §18.2-248.1, has in his possession a firearm or knife and is wearing body
armor designed to diminish the effect of the impact of a bullet or projectile shall be is
guilty of a Class 4 felony.
§18.2-460. Obstructing justice; resisting arrest; penalty.
A. If any person without just cause knowingly obstructs a
judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer,
or animal control officer employed pursuant to §3.2-6555 in the performance of
his duties as such or fails or refuses without just cause to cease such
obstruction when requested to do so by such judge, magistrate, justice, juror,
attorney for the Commonwealth, witness, law-enforcement officer, or animal
control officer employed pursuant to §3.2-6555, he shall be is
guilty of a Class 1 misdemeanor.
B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to
intimidate or impede a judge, magistrate, justice, juror, attorney for the
Commonwealth, witness, any
law-enforcement officer, or an
animal control officer employed pursuant to §3.2-6555 lawfully engaged in his
duties as such, or to obstruct or impede the administration of justice in any
court, is guilty of a Class 1 misdemeanor.
C. If any person by threats of bodily harm or force knowingly
attempts to intimidate or impede a judge, magistrate, justice, juror, attorney
for the Commonwealth, witness, any or law-enforcement officer, lawfully engaged in the
discharge of his duty, or to obstruct or impede the administration of justice
in any court relating to a violation of or conspiracy to violate §18.2-248 or,
subdivision (a) (3), (b) or
(c) B 4 or subsection
C or D of §18.2-248.1, or §
18.2-46.2 or §
18.2-46.3, or relating to the violation of or conspiracy to violate any violent
felony offense listed in subsection C of §17.1-805, he shall
be is
guilty of a Class 5 felony.
D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to §3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.
§19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions.
A. The following property shall be subject to lawful seizure
by any officer charged with enforcing the provisions of Article 1 (§18.2-247
et seq.) of Chapter 7 of Title 18.2: (i) all money, medical equipment, office
equipment, laboratory equipment, and
motor vehicles, and all other personal and real property of any kind or character,
used in substantial connection with (a) the illegal manufacture, sale, or distribution of controlled
substances or possession with intent to sell or distribute controlled
substances in violation of §18.2-248, (b) the sale or distribution of marijuana
or possession with intent to distribute marijuana in violation of subdivisions (a)(2), (a)(3) and (c) subdivision
B 2, 3, or 4 or
subsection D of §18.2-248.1, or (c) a drug-related offense
in violation of §18.2-474.1; (ii) everything of value furnished, or intended
to be furnished, in exchange for a controlled substance in violation of §
18.2-248 or for marijuana in violation of §18.2-248.1 or for a controlled
substance or marijuana in violation of §18.2-474.1; and (iii) all moneys or
other property, real or personal, traceable to such an exchange, together with
any interest or profits derived from the investment of such money or other
property. Under the provisions of clause (i), real property shall not be
subject to lawful seizure unless the minimum prescribed punishment for the
violation is a term of not less than five years.
B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§19.2-386.1 et seq.).
