State and Federal Legal Sanctions

Virginia Alcohol Penalties

Alcohol

Virginia’s Alcohol Beverage Control Act contains a variety of provisions governing the possession, use and consumption of alcoholic beverages. The Act applies to all students and employees of this institution. The pertinent Virginia laws, and sanctions for violations, are summarized below:

1. It is unlawful for any person under age 21 to purchase or possess any alcoholic beverage. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both. Additionally, such person’s Virginia driver’s license may be suspended for a period of not more than one year.
2. It is unlawful for any person to sell alcoholic beverages to persons under the age of 21 years of age. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both.
3. It is unlawful for any person to purchase alcoholic beverages for another when, at the time of the purchase, he knows or has reason to know that the person for whom the alcohol is purchased is under the legal drinking age. The criminal sanction for violation of the law is the same as #2 above.
4. It is unlawful for any person to consume alcoholic beverages in unlicensed public places. Violating the law, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.

For the full schedules, see Virginia Code Annotated at § 54.1-3446.

Virginia Drug Penalties

For Virginia schedules, see Virginia Code Annotated at 54.1-3446.

First Offense

Manufacturing, selling, distributing, giving or possessing with the intent to manufacture, sell, give or distribute (Va. Code Ann. at 18.2-248 and 18.2-11):

Schedule I and II drugs, and transporting into Virginia one or more ounces of cocaine and five or more pounds of marijuana with intent to sell or distribute: not less than five years nor more than 40 years; fine not more than $500,000.

Schedule III, IV or V drugs: not more than 12 months; fine not more than $2,500.

Trafficking in the following amounts is punishable by imprisonment of 20 years to life and a fine of not more than $1 million:

• Heroin: 100 kilograms or more
• Cocaine: 500 kilograms or more
• Cocaine base: 1.5 kilograms or more

Simple possession of a controlled substance is punishable as follows:

• Marijuana: a misdemeanor; not more than 30 days; fine of not more than $500. (Va. Code Ann. at 18.2-250.1)
• Schedule I or II drug: not less than one year nor more than 10 years; or, in some cases, up to 12 months and fine of $2,500.
• Schedule III drug: not more than 12 months; fine not more than $2,500.
• Schedule IV drug: not more than six months; fine not more than $1,000.
• Schedule V drug: fine not more than $500.
• Schedule VI drug: fine not more than $250 (Va. Code Ann. at 18.2-250.1, 18.2-11, and 18.2-10).

Penalties for the sale, gift, distribution or possession with intent to sell, give or distribute marijuana (Va. Code 18.2-248.1):

• Not more than one half ounce of marijuana: not more than 12 months, fine of not more than $2,500.
• More than one half ounce of marijuana but not more than 5 pounds of marijuana: up to 10 years, fine of not more than $2,500.
• More than five pounds of marijuana, not less than five years, nor more than 30 years.
• Manufacturing marijuana: not less than five years nor more than 30 years, fine not to exceed $10,000.

Other Penalties, Second and Later Offenses

Sale of drugs on or near school property (including universities), state hospital grounds, a public recreation or community center, or any public library is a felony punishable by a mandatory sentence of not less than one year nor more than five years; fine of not more than $100,000 (Va. Code Ann. at 18.2- 255.2).

Forfeiture of driver’s license may also occur as a result of drug violations. (Va. Code Ann. at 18.2-259.1). For penalties for sale of drugs to someone under age 18 who is at least three years younger than the seller, see Va. Code Ann. at 18.2-255. Enhanced penalties also apply to subsequent offenses