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2011 SESSION

11102160D
SENATE BILL NO. 992
Offered January 12, 2011
Prefiled January 11, 2011
A BILL to amend and reenact § 18.2-248.1 of the Code of Virginia, relating to penalties for sale, gift, distribution or possession with intent to sell, give or distribute an imitation of marijuana; penalty.
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Patron-- Stuart
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Referred to Committee for Courts of Justice
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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 or an imitation of 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 or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for marijuana.

(a) Any person who violates this section with respect to:

(1) Not more than one-half ounce of marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for marijuana is guilty of a Class 1 misdemeanor;

(2) More than one-half ounce but not more than five pounds of marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for marijuana is guilty of a Class 5 felony;

(3) More than five pounds of marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for 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 or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for 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 or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for marijuana to use or become addicted to or dependent upon such marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for marijuana, he shall be guilty of a Class 1 misdemeanor.

(b) Any person who gives, distributes or possesses marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for 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 guilty of a Class 4 felony.

(c) Any person who manufactures marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for marijuana, or possesses marijuana or any substance that is an imitation, intended to imitate, or that the person should reasonably know is used as an imitation for 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.

(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.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 874 of the Acts of Assembly of 2010 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.