Marijuana Possession Lawyer Fairfax County, VA
If you are facing a marijuana possession charge in Fairfax County, Virginia, Law Offices Of SRIS, P.C. provides experienced criminal defense representation. Our firm has handled criminal matters throughout Northern Virginia since 1997. We understand the current marijuana laws under the Virginia Cannabis Control Act Va. Code § 4.1-1100, and we know how the Fairfax County General District Court and Fairfax County Circuit Court process these cases. Our team, led by Mr. Sris—a former prosecutor—and supported by Of Counsel with extensive courtroom experience, works to protect your rights and pursue the most favorable outcome available under the law. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Marijuana Possession Laws in Fairfax County
Virginia’s approach to marijuana possession changed substantially on July 1, 2021. Under Va. Code § 4.1-1100, adults 21 and older may legally possess up to one ounce of cannabis in a private residence or other lawful location. However, possession of larger amounts carries penalties. Possessing between one and four ounces subjects a person to a civil penalty of up to $25. Possession of more than four ounces is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Possession of more than one pound is a felony. Public consumption remains prohibited and is treated as a Class 4 misdemeanor.
In Fairfax County, misdemeanor marijuana possession charges are heard in the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. Felony possession cases proceed through a preliminary hearing in the General District Court and, if certified, are tried in the Fairfax County Circuit Court. The Commonwealth’s Attorney for Fairfax County prosecutes these offenses, and a conviction can result in incarceration, fines, and a permanent criminal record that affects employment, housing, and professional licensing. Because the law is still evolving—for example, retail sales legislation remains pending—anyone charged with a marijuana offense needs counsel who stays current on Virginia’s cannabis statutes.
Under Va. Code § 4.1-1100, possession of more than four ounces of marijuana is a Class 1 misdemeanor carrying up to 12 months in jail and a fine of up to $2,500.
Source: Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases
When a client comes to us with a marijuana possession charge in Fairfax County, we begin by examining every aspect of the police encounter—whether there was probable cause for the stop, whether any search exceeded constitutional limits, and whether the chain of custody for any seized item was properly maintained. Mr. Sris and his Of Counsel bring extensive combined legal experience to this analysis. Results may vary.
Depending on the facts, we may seek outright dismissal, negotiate an amendment to a lesser charge, or pursue a deferred-disposition resolution. For a first-offense possession of a controlled substance or marijuana, Va. Code § 18.2-251 authorizes the court to defer proceedings and place the defendant on probation with substance-abuse screening and treatment. If the defendant completes the program successfully, the court discharges the person and dismisses the charge. For charges that end in acquittal, nolle prosequi, or dismissal, Virginia permits expungement under Va. Code § 19.2-392.2, which can keep the arrest off a background check. Throughout the process, we keep clients informed, appear at every court date, and present a rigorous defense tailored to the circumstances of each case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. His experience includes jury trials, motion practice, and plea negotiations in courts across Virginia. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Our Of Counsel attorneys are experienced litigators who appear regularly in the Fairfax County courts. While each matter is staffed according to its needs, the team draws on a depth of courtroom knowledge—including firsthand familiarity with Fairfax County prosecutors and judges—to build a strategic defense. The firm has documented 501 case results in Fairfax County Criminal matters: 336 dismissed/not guilty, 143 reduced/amended, and 5 other favorable outcomes, for a 97% favorable outcome rate. Results may vary. To discuss your situation, reach our Fairfax location by appointment at (888) 437-7747.
Frequently Asked Questions
How does a Virginia lawyer defend against marijuana possession charges?
Defense strategies for marijuana possession in Virginia focus on challenging the evidence, examining whether law enforcement followed proper procedures, negotiating with the prosecutor, and presenting mitigating factors to the court. An experienced attorney will review the arrest report, the legality of the traffic stop, the handling of any seized substance, and whether any statements were obtained in violation of the defendant’s rights. If the evidence is weak, the attorney may file a motion to suppress. In appropriate cases, a deferred-disposition agreement may be reached, or the charge may be amended to a non-criminal infraction.
What should I do if I am facing marijuana possession charges in Fairfax County?
If you are facing marijuana possession charges in Fairfax County, you should contact a criminal defense attorney immediately, avoid discussing the case with anyone except your lawyer, and preserve any relevant documents or evidence. Do not post about the matter on social media. The court dates in General District Court come quickly, and missing a hearing can result in a bench warrant. An attorney can appear with you, advise you on the collateral consequences of a conviction, and negotiate with the Commonwealth’s Attorney to seek a favorable resolution.
Can marijuana possession charges be expunged in Virginia?
Virginia allows expungement for marijuana possession charges that end in acquittal, nolle prosequi, or dismissal, but a conviction generally cannot be expunged. Under Va. Code § 19.2-392.2, a person may petition the Fairfax County Circuit Court to seal the police and court records. If you complete a deferred-disposition program and the charge is dismissed, you should also qualify. An attorney can evaluate your eligibility and prepare the necessary petition.
What is the penalty for possession of more than one ounce of marijuana in Virginia?
Possession of more than one ounce but not more than four ounces results in a civil penalty of up to $25; possession of more than four ounces is a Class 1 misdemeanor with up to 12 months in jail and a fine of up to $2,500. Possession over one pound is a felony. The exact charge and punishment depend on the amount and any prior offenses. Because the consequences escalate significantly at higher weights, anyone charged should obtain legal advice as soon as possible.
Do I need a lawyer for a marijuana possession charge in Fairfax County?
While you may represent yourself, a marijuana possession conviction can create a permanent criminal record that affects employment, security clearances, and education opportunities, so having an experienced lawyer is critical. Even a Class 1 misdemeanor can result in jail time. A lawyer can identify legal issues that might lead to dismissal, negotiate a reduction to a civil infraction, or secure a deferred-disposition agreement that ultimately results in a clean record. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related Practice Areas and Nearby Communities
We represent clients throughout Northern Virginia. If your matter involves a different locality, visit our pages for Prince William County, Stafford County, Loudoun County, Arlington County, or Fauquier County.
Additional Resources
For primary legal sources, consult the Virginia Code Title 4.1 (Cannabis Control Act) and the Fairfax County General District Court website. These resources provide the statutes and court information relevant to your case.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Last reviewed: July 2026
Case results depend on a variety of factors unique to each case.