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Virginia criminal charge

Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons in Virginia

Current through 2026 Virginia legislative session

Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-474.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Va. Code Ann. § 18.2-474.1.

What is the penalty for delivery of drugs, firearms, explosives, etc., to prisoners or committed persons in Virginia?

Penalties for Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons
PenaltyRangeBasisAuthority
Jail / prison1 years to 10 years (Delivery of controlled substance or marijuana to prisoner or committed person — Applies when a person willfully delivers, attempts to deliver, or conspires to deliver a controlled substance or marijuana to a prisoner or a person committed to the Department of Juvenile Justice.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Delivery of controlled substance or marijuana to prisoner or committed person — Applies when a person willfully delivers, attempts to deliver, or conspires to deliver a controlled substance or marijuana to a prisoner or a person committed to the Department of Juvenile Justice.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prison5 years to 20 years (Delivery of firearms, ammunition, or explosives to prisoner or committed person — Applies when a person willfully delivers, attempts to deliver, or conspires to deliver firearms, ammunition, or explosives to a prisoner or a person committed to the Department of Juvenile Justice.)mandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (Delivery of firearms, ammunition, or explosives to prisoner or committed person — Applies when a person willfully delivers, attempts to deliver, or conspires to deliver firearms, ammunition, or explosives to a prisoner or a person committed to the Department of Juvenile Justice.; only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10

Applies to current.

How is delivery of drugs, firearms, explosives, etc., to prisoners or committed persons classified in Virginia?

The classification depends on the circumstances:

Classification variants for Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons
VariantClassificationWhen it appliesStatute
Delivery of controlled substance or marijuana to prisoner or committed personClass 5 FelonyApplies when a person willfully delivers, attempts to deliver, or conspires to deliver a controlled substance or marijuana to a prisoner or a person committed to the Department of Juvenile Justice.Va. Code Ann. § 18.2-474.1undefined
Delivery of firearms, ammunition, or explosives to prisoner or committed personClass 3 FelonyApplies when a person willfully delivers, attempts to deliver, or conspires to deliver firearms, ammunition, or explosives to a prisoner or a person committed to the Department of Juvenile Justice.Va. Code Ann. § 18.2-474.1undefined

Common questions about delivery of drugs, firearms, explosives, etc., to prisoners or committed persons in Virginia

Is delivery of drugs, firearms, explosives, etc., to prisoners or committed persons a felony or a misdemeanor in Virginia?

It depends on the circumstances: delivery of drugs, firearms, explosives, etc., to prisoners or committed persons ranges from a class 5 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-474.1.

Delivery of controlled substance or marijuana to prisoner or committed person: class 5 felony (Va. Code Ann. § 18.2-474.1) · Delivery of firearms, ammunition, or explosives to prisoner or committed person: class 3 felony (Va. Code Ann. § 18.2-474.1)

What are the penalties for delivery of drugs, firearms, explosives, etc., to prisoners or committed persons in Virginia?

Penalties for delivery of drugs, firearms, explosives, etc., to prisoners or committed persons in Virginia depend on how it is classified — from a class 5 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers delivery of drugs, firearms, explosives, etc., to prisoners or committed persons?

Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons is governed by Va. Code Ann. § 18.2-474.1 (Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.