Cannabis Possession Lawyer Botetourt County — What Are Your Defense Options?
A cannabis possession charge in Botetourt County is a serious offense under Va. Code § 18.2-250.1, carrying up to 30 days in jail and a $500 fine for a first offense. Law Offices Of SRIS, P.C. has 33 documented case results in Botetourt County. A skilled cannabis possession lawyer Botetourt County can challenge the evidence and explore diversion programs to protect your record and future.
Virginia Law on Marijuana Possession
Last verified: April 2026 | Botetourt County General District Court | Virginia General Assembly
Simple possession of marijuana (cannabis) is defined under Va. Code § 18.2-250.1. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. However, for a first offense of possessing one ounce or less, the court has the option to impose a specific penalty of up to 30 days in jail and a fine of up to $500. A conviction creates a permanent criminal record. The law firm was founded in 1997 by former prosecutor Mr. Sris.
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures are handled at the Botetourt County General District Court.
Local Court Process for Cannabis Charges
In Botetourt County, cannabis possession cases begin with an arrest or summons. The case is prosecuted by the Commonwealth’s Attorney and heard at the Botetourt County General District Court at 20 E. Back Street, Suite A, Fincastle. For first-time offenders, the court may consider a first offender program under Va. Code § 18.2-251, which can lead to dismissal upon completion of terms.
- Receive a summons or be arrested and taken before a magistrate.
- Attend your arraignment at Botetourt County GDC to enter a plea.
- Your attorney will review discovery (police report, lab analysis) and file pre-trial motions if needed.
- Negotiate with the Commonwealth’s Attorney for a possible reduction, dismissal, or diversion program.
- Proceed to a bench trial before a judge if no agreement is reached.
- If convicted, explore appeal options to Botetourt County Circuit Court.
Potential Penalties for Cannabis Possession
In Botetourt County, simple marijuana possession carries a penalty of up to 30 days in jail and a $500 fine for a first offense of one ounce or less, and up to 12 months and $2,500 for other offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of 1 oz or less (1st offense) | Class 1 Misdemeanor* | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, possible drug education |
| Possession of more than 1 oz (or subsequent offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record, impact on employment/housing |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We have achieved 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Our approach is “Advocacy Without Borders.” In Botetourt County, we have a documented record of handling criminal matters. Mr. Sris, the firm’s founder, is a former prosecutor who personally amended Virginia’s equitable distribution statute, demonstrating deep legal knowledge.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Botetourt County
Our firm has 33 total documented case results across all practice areas in Botetourt County with a 100% favorable outcome rate. While every case is unique, our team works to seek dismissals, reductions, or favorable diversions. For example, we have secured dismissals for charges like “No Registration Card/License in Possession” in other Virginia jurisdictions through motions and negotiations.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Defense Near Botetourt County
Our Shenandoah/Woodstock location serves clients at the Botetourt County courts. We are accessible via I-81 and Route 220. If you need a cannabis arrest lawyer Botetourt County, we provide representation for communities including Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St #103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for a first-time marijuana possession charge in Botetourt County?
For a first offense of possessing one ounce or less, the penalty is up to 30 days in jail and a $500 fine. The charge is a Class 1 misdemeanor under Va. Code § 18.2-250.1. The court may also order drug education and suspend your driver’s license for six months.
Can I get a marijuana charge expunged in Virginia?
It depends. Expungement under Va. Code § 19.2-392.2 is generally available if the charge was dismissed, you were found not guilty, or the prosecutor entered a nolle prosequi. Most convictions cannot be expunged. A first-offense possession case resolved through a first offender program may qualify for expungement upon successful completion.
Do I need a lawyer for a simple marijuana possession charge?
Yes. Even a misdemeanor charge can result in jail time, fines, and a permanent criminal record that affects employment and housing. A cannabis charge defense lawyer Botetourt County can negotiate for diversion programs, challenge the legality of the search, or seek a reduction to a non-drug offense.
What is the difference between GDC and Circuit Court for a marijuana case?
Misdemeanor possession trials are held in Botetourt County General District Court (GDC). If you are found guilty in GDC, you can appeal for a new trial in Botetourt County Circuit Court. Felony possession with intent to distribute charges start with a preliminary hearing in GDC before potentially moving to Circuit Court for a jury trial.
What is a first offender program for marijuana possession?
Virginia’s first offender program under Va. Code § 18.2-251 allows eligible first-time drug offenders to have their charge dismissed after completing probation, drug education, and community service. Successfully completing this program avoids a conviction. An experienced cannabis arrest lawyer Botetourt County can advise if you qualify and guide you through the process.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in nearby areas like Shenandoah County and with related issues such as DUI defense in Botetourt County.