Under federal law (applicable in all states) it is illegal for a person to knowingly or intentionally manufacture, distribute, or dispense a controlled substance—or to possess a controlled substance with the intent to manufacture, distribute, or dispense it. It is also illegal to create, distribute, or dispense a counterfeit substance, or to possess a counterfeit substance with the intent to distribute or dispense it.

The term controlled substance means a drug or other substance—or an immediate precursor to the drug or other substance—that is included in schedule I, II, III, IV, or V of the relevant portion of the United States Code (statute). See 21 U.S.C. §841.

The term counterfeit substance means a controlled substance (or its container or labeling) that—without authorization—bears the trademark, trade name, or other identifying mark, imprint, or number of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance. In other words, a counterfeit substance is falsely represented to be manufactured or distributed by an another (presumably authorized) manufacturer, distributor, or dispenser.

It is also illegal for a person to knowingly or intentionally manufacture, distribute, or dispense a controlled substance—or to possess a controlled substance with the intent to manufacture, distribute, or dispense it—under state law. As under federal law, state laws usually classify substances in groups or schedules that determine which substances are included in the definition of controlled substances, and the potential penalties or punishments for distributing them.

Criminal charges and penalties for these offenses vary from state to state and are usually located in a state’s statutes.

Under both federal and Virginia state law, it is illegal to knowingly or intentionally manufacture, distribute, or dispense controlled substances, as well as to possess them with the intent to do so. Controlled substances are classified into schedules I through V according to their potential for abuse and accepted medical use, as outlined in 21 U.S.C. §841 and mirrored in Virginia's statutes. Additionally, it is illegal to create, distribute, or dispense counterfeit substances, which are drugs misrepresented as being produced by an authorized manufacturer. In Virginia, the penalties for these offenses are detailed in the Virginia Controlled Substances Act, which mirrors the federal scheduling system and provides the framework for prosecution and penalties for drug-related offenses. The severity of the penalties typically depends on the schedule of the drug, the amount involved, and other factors such as prior convictions or the presence of minors.