Virginia criminal charge
Penalties for sale, etc., of drug paraphernalia in Virginia
Penalties for sale, etc., of drug paraphernalia is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-265.3. 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. § 18.2-265.3.
What is the penalty for penalties for sale, etc., of drug paraphernalia in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Sale or possession with intent to sell drug paraphernalia — A person sells or possesses with intent to sell drug paraphernalia knowing or reasonably should know it is designed or intended for illegal drug-related use.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Sale or possession with intent to sell drug paraphernalia — A person sells or possesses with intent to sell drug paraphernalia knowing or reasonably should know it is designed or intended for illegal drug-related use.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Sale of drug paraphernalia to a minor at least three years junior — A person 18 or older violates subsection A by selling drug paraphernalia to a minor who is at least three years younger than the accused.; 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Sale of drug paraphernalia to a minor at least three years junior — A person 18 or older violates subsection A by selling drug paraphernalia to a minor who is at least three years younger than the accused.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Distribution of drug paraphernalia to a minor — A person 18 or older distributes drug paraphernalia to a minor.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Distribution of drug paraphernalia to a minor — A person 18 or older distributes drug paraphernalia to a minor.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is penalties for sale, etc., of drug paraphernalia classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale or possession with intent to sell drug paraphernalia | Class 1 Misdemeanor | A person sells or possesses with intent to sell drug paraphernalia knowing or reasonably should know it is designed or intended for illegal drug-related use. | Va. Code Ann. § 18.2-265.3A |
| Sale of drug paraphernalia to a minor at least three years junior | Class 6 Felony | A person 18 or older violates subsection A by selling drug paraphernalia to a minor who is at least three years younger than the accused. | Va. Code Ann. § 18.2-265.3B |
| Distribution of drug paraphernalia to a minor | Class 1 Misdemeanor | A person 18 or older distributes drug paraphernalia to a minor. | Va. Code Ann. § 18.2-265.3C |
Common questions about penalties for sale, etc., of drug paraphernalia in Virginia
Is penalties for sale, etc., of drug paraphernalia a felony or a misdemeanor in Virginia?
It depends on the circumstances: penalties for sale, etc., of drug paraphernalia ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-265.3.
Sale or possession with intent to sell drug paraphernalia: class 1 misdemeanor (Va. Code Ann. § 18.2-265.3A) · Sale of drug paraphernalia to a minor at least three years junior: class 6 felony (Va. Code Ann. § 18.2-265.3B) · Distribution of drug paraphernalia to a minor: class 1 misdemeanor (Va. Code Ann. § 18.2-265.3C)
What are the penalties for penalties for sale, etc., of drug paraphernalia in Virginia?
Which Virginia statute covers penalties for sale, etc., of drug paraphernalia?
Penalties for sale, etc., of drug paraphernalia is governed by Va. Code Ann. § 18.2-265.3 (Penalties for sale, etc., of drug paraphernalia).
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.