Bill Text: VA SB831 | 2017 | Regular Session | Prefiled
Bill Title: Marijuana; manufacture or possession, accommodation to another individual, penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-23 - Stricken at the request of Patron in Courts of Justice (15-Y 0-N) [SB831 Detail]
Download: Virginia-2017-SB831-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-248.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana.
Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.
(a) Any person who violates this section with respect to:
(1) Not more than one-half ounce of marijuana is guilty of a Class 1 misdemeanor;
(2) More than one-half ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;
(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.
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) Any person who gives, distributes or possesses marijuana
as an accommodation 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) 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. If such person proves that he manufactured marijuana or possessed marijuana with intent to manufacture such substance only as an accommodation to another individual who is not an inmate of a state or local correctional facility as defined in §53.1-1 or in the custody of an employee thereof 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 is guilty of a Class 1 misdemeanor.
(d) 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.
