Cannabis Possession Lawyer in Fauquier County, Virginia
Simple marijuana possession in Fauquier County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 1 documented result in Fauquier County. A skilled cannabis possession lawyer Fauquier County can challenge evidence and seek alternatives to conviction. Contact us 24/7 for a consultation by appointment.
Virginia Marijuana Possession Law
Virginia law prohibits the knowing or intentional possession of marijuana without a valid prescription. The specific statute is Va. Code § 18.2-250.1. Possession of up to one ounce is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, punishable by 1 to 10 years in prison. Possession of one pound or more is a Class 1 felony. The law distinguishes between simple possession and possession with intent to distribute, which carries more severe penalties.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court procedures and local rules for Fauquier County can be found on the Fauquier County General District Court website.
Fauquier County Court Process for Marijuana Charges
Marijuana possession cases in Fauquier County begin at the General District Court at 6 Court Street in Warrenton. The Commonwealth’s Attorney prosecutes these cases. An experienced cannabis arrest lawyer Fauquier County knows that prosecutors here may offer first-offender programs under Va. Code § 19.2-303.2 for eligible defendants, which can lead to dismissal upon completion of terms.
- You will be issued a summons or arrested and taken before a magistrate for a bond hearing.
- Your first court date is an arraignment in Fauquier County General District Court, where you enter a plea.
- Your attorney will review discovery, file pre-trial motions (e.g., to suppress evidence), and negotiate with the prosecutor.
- If no plea agreement is reached, your case will proceed to a bench trial before a judge in General District Court.
- You have an absolute right to appeal a guilty verdict to the Fauquier County Circuit Court for a new trial before a jury.
Penalties for Marijuana Possession in Fauquier County
In Fauquier County, simple marijuana possession (under one ounce) is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine, plus a 6-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Criminal record, possible drug education |
| Possession >1 oz & <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month mandatory suspension | Felony record, loss of rights |
| Possession ≥ 1 lb | Class 1 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month mandatory suspension | Felony record, loss of rights |
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 by former prosecutor Mr. Sris. Our team brings over 120 years of combined legal experience to every case. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our deep understanding of Virginia drug laws and Fauquier County court procedures allows us to build strong defenses, whether challenging the legality of a search or negotiating for a first-offender disposition.
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 Fauquier County
Our firm has documented results in Fauquier County. In one case, our defense led to a charge being reduced/amended, achieving a favorable outcome for our client. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex criminal matters, Mr. Sris, is a former prosecutor and firm founder with multi-state bar admissions who provides strategic oversight.
Local Defense Near You
Our Fairfax location serves clients at the Fauquier County courts in Warrenton. If you need a marijuana charge defense lawyer Fauquier County near Warrenton, New Baltimore, or Bealeton, we are accessible. We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
It depends on the amount. Possession of one ounce or less is a misdemeanor. Possession of more than one ounce is a felony.
Can I get a marijuana possession charge expunged in Fauquier County?
Yes, but only under specific conditions. Expungement is available for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A first-offender dismissal may qualify. Most convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court.
Will I lose my driver’s license for a marijuana possession charge?
Yes. Va. Code § 18.2-259.1 mandates a 6-month driver’s license suspension for any drug conviction, including simple marijuana possession, even if no vehicle was involved.
What is the first offender program for marijuana in Virginia?
Under Va. Code § 19.2-303.2, the court may defer proceedings for a first-time offender. Upon successful completion of terms like community service and drug education, the charge can be dismissed. Eligibility is not automatic and requires skilled legal advocacy.
Do I need a lawyer for a first-time marijuana charge?
Yes. Even a first-time misdemeanor carries up to a year in jail, a permanent criminal record, and a license suspension. A cannabis possession lawyer Fauquier County can seek dismissal or reduction to avoid these consequences.
Related Legal Help in Fauquier County
If you are facing other charges, our firm also provides representation for DUI defense in Fauquier County and criminal defense in nearby Fairfax County. For a broader overview of our services, visit our Virginia criminal defense hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.