Marijuana Possession Lawyer Fairfax County — What Are Your Defense Options?
Marijuana possession in Fairfax County is a criminal offense under Va. Code § 18.2-250.1, punishable by up to 30 days in jail and a $500 fine for a first offense. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County. A skilled marijuana possession lawyer Fairfax County can challenge the legality of the search, evidence handling, or pursue a first-offender dismissal.
Virginia Marijuana Possession Law
Simple possession of marijuana is a Class 1 misdemeanor in Virginia, defined under Va. Code § 18.2-250.1. The statute makes it unlawful for any person to knowingly or intentionally possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription. The law applies to any amount intended for personal use, distinguishing it from possession with intent to distribute, which carries felony penalties.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information and procedures can be found at the Fairfax County General District Court website.
Defending a Marijuana Charge in Fairfax County
Prosecutors in Fairfax County General District Court routinely handle marijuana possession cases. A strong defense often starts with examining the legality of the traffic stop or search that led to the discovery. Police must have probable cause or a valid warrant; without it, the evidence may be suppressed. For eligible first-time offenders, Virginia’s first offender statute, Va. Code § 18.2-251, allows for dismissal upon completion of court-ordered terms.
- Consult with a marijuana possession lawyer Fairfax County immediately after arrest or receiving a summons.
- Your attorney will review the police report and evidence for constitutional violations, such as an illegal search.
- Attend your arraignment at Fairfax County General District Court (4110 Chain Bridge Road) and enter a plea.
- Your lawyer will negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or first-offender program.
- If a favorable plea isn’t reached, prepare for a bench trial before a judge in GDC.
Penalties for Marijuana Possession in Fairfax County
In Fairfax County, simple marijuana possession is a Class 1 misdemeanor carrying up to 30 days in jail and a $500 fine for a first offense. Subsequent offenses increase potential penalties.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense Possession | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, possible drug education |
| Second or Subsequent Offense | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month suspension | Enhanced criminal record, higher fines |
| Possession > 1 oz (Intent to Distribute) | Felony (Class 5/6) | 1-10 years | Up to $2,500 | Mandatory suspension | Felony record, severe long-term consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Fairfax County Marijuana Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to each case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Fairfax County specifically, we have documented 501 results. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into both sides of a criminal case. Mr. Sris personally amended Virginia’s equitable distribution statute, demonstrating a deep commitment to Virginia law.
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 Fairfax County
Our firm has a documented history of achieving favorable outcomes in Fairfax County. For example, we have successfully amended felony distribution charges down to simple possession. In other cases, we have secured outright dismissals (nolle prosequi) for clients. These results depend on the specific facts and evidence of each case.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax County Marijuana Possession Lawyer
Our Fairfax location at 4008 Williamsburg Ct, Fairfax, VA 22032 serves clients at the Fairfax County courts. We are your local marijuana possession lawyer near Fairfax County General District Court, serving communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct
Fairfax, VA 22032
By appointment only.
FAQs: Marijuana Possession in Fairfax County
Is marijuana possession a felony in Virginia?
No. Simple possession for personal use is a misdemeanor. However, possession of more than one ounce can be charged as possession with intent to distribute, which is a felony.
Can I get a marijuana possession charge expunged in Fairfax County?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A first-offense possession charge dismissed through a first-offender program may be eligible for expungement. Most convictions cannot be expunged.
Will I go to jail for a first-time marijuana possession charge in Fairfax County?
It is unlikely for a simple first offense, but possible. The maximum penalty is 30 days in jail. Typically, first-time offenders receive a fine, probation, or a first-offender dismissal. An experienced cannabis charge defense lawyer Fairfax County can advocate for this outcome.
What should I do if I am arrested for marijuana possession in Fairfax County?
Remain silent and request a lawyer immediately. Do not discuss the case with police. Contact a marijuana arrest lawyer Fairfax County as soon as possible to begin building your defense and protecting your rights.
Can I lose my driver’s license for a marijuana possession conviction?
Yes. Virginia mandates a six-month driver’s license suspension for any drug conviction, including misdemeanor marijuana possession. A restricted license for work may be available.
What is the difference between GDC and Circuit Court for a marijuana charge?
Fairfax County General District Court (GDC) handles all misdemeanor marijuana possession trials. If you are charged with a felony (like possession with intent), your preliminary hearing will be in GDC, but any jury trial would be in Fairfax County Circuit Court.
Internal Resources: For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in neighboring areas like Fairfax City and with related charges such as DUI in Fairfax County.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your marijuana possession case in Fairfax County, contact Law Offices Of SRIS, P.C. for a consultation.