SB1415: Methamphetamines; manufacturing, selling, giving, possessing with intent to manufacture, penalties.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-248.02 and 18.2-248.03 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-248.02. Allowing a child to be present during manufacture or attempted manufacture of methamphetamine prohibited; penalties.
Any person 18 years of age or older who maintains a custodial relationship over a child under the age of 18, including but not limited to a parent, step-parent, grandparent, or step-grandparent, or who stands in loco parentis with respect to such child, and who knowingly allows that child to be present in the same dwelling, apartment as defined by § 55-79.2, unit of a hotel as defined in § 35.1-1, garage, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine as prohibited by subsection C1 of § 18.2-248 is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years, two years of which shall be a mandatory minimum term of imprisonment. This penalty shall be in addition to and served consecutively with any other sentence.
§ 18.2-248.03. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty.
A. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $250,000 and imprisonment for not less than five nor more than 40 years, two years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
B. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
BC. Notwithstanding any other
provision of law, any person who manufactures, sells, gives, distributes, or
possesses with intent to manufacture, sell, give, or distribute 227 grams or
more of a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers is guilty of a
felony punishable by a fine of not more than $1 million and imprisonment for
not less than five years nor more than life, five years of which shall be a
mandatory minimum term of imprisonment to be served consecutively with any
other sentence.
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 is $5,005,978 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.