A law-enforcement officer or agency shall not be liable under this article if acting in furtherance of an official investigation. A health care provider who in good faith and in compliance with state or federal law, sells, administers, furnishes or distributes a controlled substance shall not be liable under this article.
§ 8.01-227.6.Law-enforcement officer or agency; health care provider not liable under certain conditions.
Chapter 3. Actions · Article 23. Drug Dealer Liability Act · Last amended 2002 · Last verified July 16, 2026
In one sentenceSection 8.01-227.6 shields a law-enforcement officer or agency acting in furtherance of an official investigation, and a health care provider who in good faith and in compliance with law sells, administers, furnishes, or distributes a controlled substance, from liability under the Drug Dealer Liability Act.
Full Text of § 8.01-227.6
Plain-English Summary
The first sentence protects law enforcement: an officer or agency conducting an official investigation — an undercover buy or a controlled sting, for example — cannot be held liable under Article 23 for that work. The second sentence protects legitimate medicine: a health care provider who sells, administers, furnishes, or distributes a controlled substance in good faith and in compliance with state or federal law falls outside the article’s reach.
Both carve-outs keep the Drug Dealer Liability Act aimed at illegal drug dealing rather than at the conduct of officers doing their jobs or providers prescribing medication within the law. Neither protection is unconditional — an officer must be acting in furtherance of an actual investigation, and a provider must be acting in good faith and lawfully, so a provider who ignores prescribing rules gets no shelter here.
Frequently Asked Questions
Are police officers liable under the Drug Dealer Liability Act for undercover drug buys?
No, so long as the officer or agency is acting in furtherance of an official investigation.
When is a health care provider protected from liability under Article 23?
When the provider sells, administers, furnishes, or distributes a controlled substance in good faith and in compliance with state or federal law, such as lawfully prescribing medication.
Does this immunity protect a provider who violates prescribing laws?
No. The protection requires both good faith and compliance with state or federal law, so unlawful prescribing or dispensing falls outside it.
Does the law-enforcement exception cover conduct outside an official investigation?
No. Section 8.01-227.6 ties the officer or agency’s immunity to acting in furtherance of an official investigation.
Why does Article 23 include these two exceptions?
The Act targets illegal drug dealers who harm a child, not legitimate law-enforcement operations or good-faith, lawful medical practice, so both are excluded from liability.
Amendment History
2002, c. 863.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia drug dealer liability act police immunityhealth care provider immunity controlled substance virginia8.01-227.6 explainedare doctors liable under drug dealer liability act virginialaw enforcement exception virginia drug liability law