Distribution of Marijuana is primarily addressed by section 18.2-248.1 which makes it illegal to sell, give, distribute or possess with the intent to sell, give, or distribute marijuana.
Last time I wrote about possession of marijuana, where I point out that before someone can be convicted of distribution, possession must be proven also.
Distribution charges are divided by the statutes into varying degrees of criminality based on the quantity of marijuana involved. This discussion will focus on the provisions of 18.2-248.1 which covers most distribution cases, with quantities from less than a half ounce to five pounds or more. There are other provisions for much larger quantities, discussed here.
Distribution is charged as a misdemeanor for less than one half ounce. In many jurisdictions, prosecutors will proceed on a misdemeanor if the amount is close to a half ounce, even if the weight is a little more than a half ounce. Some jurisdictions, however will prosecute any amounts over a half ounce as a felony. In my experience these jurisdictions will charge the felony for .52 ounces or even less. However, even if the charge is a misdemeanor, most judges will give some active jail time on a distribution charge.
Felony distribution is charged for any amount over a half ounce. From one half ounce to five pounds the offense is a Class 5 felony and carries up to 10 years in prison and up to a $2,500.00 fine. Over five pounds is charged as an unclassified felony and the range of punishment is five years to 30 years in prison. The statute also possesses "manufacture" of marijuana not for personal use with the same sentencing range - 5 to 30 years.
A third felony offense of distribution of marijuana is punished by five years to life in prison, with a five year mandatory minimum sentence, which the judge has no choice but to enforce. Fines for a third offense can be up to $500,000.00.
A lot of cases are charged as possession with the intent to distribute. There are some people who are caught with larger quantities for their own possession only but are charged with possession with intent to distribute because of the quantity alone. Some jurisdictions will charge possession with intent to distribute for any amount over a half ounce. However, possession with intent to distribute requires more than just a large quantity of marijuana. To show the intent to distribute, police will look for large volumes of cash, scales, baggies, marijuana packaged for sale in small quantities, and sometimes log books of moneys owed for marijuana sales. In most of these cases, the marijuana is found with scales, baggies and a wad of cash all in one place. This kind of case makes it easy for prosecutors to prove the intent to distribute to a judge or jury.
The statute has a provision for what is called accommodation. Accommodation is when a person distributed marijuana to another person (that is more than a half ounce and would usually be a felony) but did so without any intent to profit form the distribution in any way, and without any intent to cause the user to become addicted or dependent on marijuana. Accommodation is a class 1 misdemeanor, for what would usually be a felony offense. Accommodation is a type of defense known as an affirmative defense. That means that the defendant must prove that he did not profit from the distribution and did not intent the other person to become dependent on it. This can place the defendant in a difficult position, as he must admit the distribution before he can prove accommodation. However in cases where the evidence for distribution is clear, the accommodation defense could save that person from a felony conviction.