Cannabis Possession Lawyer Virginia Beach — What Are Your Defense Options?
Simple possession of marijuana in Virginia Beach is a civil violation under Va. Code § 4.1-1105, punishable by a $25 fine. However, possession with intent to distribute (PWID) remains a felony. Law Offices Of SRIS, P.C. provides defense for all cannabis charges. A cannabis possession lawyer Virginia Beach from our firm can challenge evidence and seek favorable outcomes. Contact us 24/7.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Beach Marijuana Possession Law
Virginia law distinguishes between simple possession and possession with intent to distribute (PWID). Since July 1, 2021, simple possession of up to one ounce of marijuana by adults 21 and over is a civil violation, not a crime, under Va. Code § 4.1-1105. The penalty is a civil fine of no more than $25. However, possession of more than one ounce is a Class 1 misdemeanor, carrying up to 12 months in jail and a $2,500 fine. Possession with intent to distribute (PWID) under § 18.2-248.1 is a felony with severe penalties. The firm, founded in 1997 by former prosecutor Mr. Sris, uses this deep legal knowledge to build strong defenses.
Official Legal Resources
For the official text of Virginia’s marijuana laws, visit the Virginia General Assembly website. Court information for Virginia Beach can be found at the Virginia Beach General District Court website.
Virginia Beach Court Process for Cannabis Charges
All misdemeanor marijuana possession and felony PWID preliminary hearings start at the Virginia Beach General District Court. For simple possession, you may receive a summons. For felony charges, an arrest and bond hearing are likely. The Commonwealth’s Attorney prosecutes these cases. An experienced cannabis arrest lawyer Virginia Beach knows that prosecutors must prove you knowingly and intentionally possessed the marijuana.
- Receive a summons or be arrested and taken before a magistrate.
- Attend your arraignment at Virginia Beach General District Court to hear the formal charge.
- Your attorney will file motions to suppress evidence if your rights were violated during search or seizure.
- Negotiate with the prosecutor for a reduction or dismissal, or prepare for trial.
- If charged with a felony, your case may move to Circuit Court for a jury trial.
- Explore expungement options if your case is dismissed.
Penalties for Marijuana Offenses in Virginia Beach
In Virginia Beach, marijuana possession penalties range from a $25 civil fine for a small amount to felony prison time for distribution.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (21+) | Civil Violation | None | Up to $25 | None | Civil penalty, not criminal |
| Possession > 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Criminal record |
| PWID (any amount) | Felony (Class 5/6) | 1-10 years | At court’s discretion | Mandatory suspension | Felony record, asset forfeiture |
| Sale to Minor | Felony | 10-50 years | Up to $100,000 | Mandatory suspension | Severe mandatory minimums |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Cannabis Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our attorneys understand the nuances of Virginia’s evolving cannabis laws. We have a documented record of achieving favorable results for clients facing drug charges by meticulously reviewing police reports, challenging search and seizure legality, and negotiating effectively with prosecutors.
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 for Drug Charges
Our firm has a documented record of success in criminal defense. In Virginia Beach, we have 8 total documented case results across all practice areas with a 100% favorable outcome rate. For instance, attorney Mr. Sris has successfully argued for the suppression of evidence in drug cases where the initial stop lacked probable cause, skilled to dismissals.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Cannabis Possession Lawyer Virginia Beach
Our Richmond location serves clients in Virginia Beach. We are accessible via I-64 and I-264. If you need a marijuana charge defense lawyer Virginia Beach, we are here to help. We serve Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
FAQs: Cannabis Charges in Virginia Beach
Is marijuana possession a crime in Virginia Beach?
No, for adults 21+, possession of one ounce or less is a civil violation with a maximum $25 fine. Possession of more than one ounce is a Class 1 misdemeanor.
Can I get a marijuana possession charge expunged in Virginia Beach?
It depends. Civil violations are not criminal convictions and should not appear on a criminal record. Misdemeanor convictions generally cannot be expunged. However, if the charge was dismissed, nolle prossed, or you were found not guilty, you may petition for expungement under Va. Code § 19.2-392.2 in Virginia Beach Circuit Court.
What is the difference between possession and PWID?
Possession means having marijuana for personal use. Possession with Intent to Distribute (PWID) means having it with the intent to sell or give it to others. PWID is a felony, and intent is often inferred from factors like large quantity, packaging materials, scales, or large amounts of cash.
Do I need a lawyer for a $25 civil marijuana ticket?
Yes. While the penalty is small, paying the fine is an admission of guilt. A cannabis possession lawyer Virginia Beach can ensure the charge is handled correctly and does not create unintended legal issues, especially for non-citizens or those seeking certain professional licenses.
Can police search my car if they smell marijuana in Virginia Beach?
The law is evolving. Since simple possession is no longer a crime, the odor of marijuana alone may not provide probable cause for a search. However, officers may use other observations (like visible contraband) to justify a search. An experienced cannabis arrest lawyer Virginia Beach can challenge the legality of the search.
Internal Links: For more information, see our Virginia Criminal Defense hub. We also assist clients in nearby areas like Henrico County. If you are facing other charges, consider our Virginia Beach DUI lawyer services.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.