Virginia delegate proposes harsher drug offense penalties

Drug dealers and repeat drug offenders could face harsher penalties under two bills Del. Jed Arnold, R-Smyth County, introduced on Jan. 8. 

Arnold is the chief patron of HB1848 and HB1849, which target controlled substances, including fentanyls. Both bills would amend Virginia’s drug laws, introducing mandatory minimum sentences and weight-based penalties to curb drug possession and trafficking.

Virginia reported 2,463 drug overdose deaths in 2023, with 79% involving fentanyl and its analogs.

HB1848 would impose mandatory minimum penalties for repeat convictions of possessing controlled substances, such as heroin, fentanyl or cocaine. Virginia law does not now mandate minimum penalties for these violations. 

The proposed sentences in the bill for these offenses include 20 days in jail and a $500 fine for a second offense within five years; 45 days and $500 for a second offense within 10 years; 90 days and $500 for three offenses within 10 years; six months and $1,000 for three offenses within five years; and one year and $1,000 for four or more offenses within 10 years.

HB1849 targets fentanyl trafficking, introducing weight-based penalties for manufacturing, selling or distributing the drug. The bill also recommends stricter sentences for people involved in continuing criminal enterprises.

Under HB1849, offenses involving 5 grams of fentanyl, 10 grams of a mixture or fewer than 10 pills would carry a sentence of five years to life with a mandatory minimum of five years and fines up to $1 million. For larger quantities, penalties increase, ranging from 20 years to life with a mandatory minimum of 20 years. 

The penalties HB1848 and HB1849 call for would require increased resources within state and local adult correctional facilities, including bed space. 

During the 2024 regular session, Arnold sponsored two similar bills, HB439 and HB437, which failed to pass the Courts of Justice Committee. HB439 proposed penalties for controlled substance possession identical to the ones outlined in HB1848, while HB1849 builds upon the provisions of HB437 by introducing additional weight-based and pill-based criteria.

While Arnold’s proposals failed, addressing substance abuse remained a priority of Virginia lawmakers during the 2024 session. In 2024, the General Assembly advanced efforts to allocate opioid settlement funds, through the Virginia Opioid Abatement Authority, securing approximately $1.1 billion from legal settlements with opioid manufacturers and distributors.

Millions were directed to Southwest Virginia to expand treatment services, bolster prevention programs, and support law enforcement efforts to combat the opioid crisis. 

Bills such as HB1848 and HB1849 indicate that controlling drug use and distribution could be a focus of the 2025 General Assembly as in 2024. Arnold did not respond to requests for information on how these bills or substance abuse will fit into his broader policy goals for this session. 

HB1848 and HB1849 are two of 163 bills currently awaiting votes in the Courts of Justice Committee.