Marijuana Possession Lawyer Virginia — What Are Your Defense Options?
Simple marijuana possession in Virginia is a Class 1 misdemeanor under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. A Marijuana Possession Lawyer Virginia from Law Offices Of SRIS, P.C. can challenge the evidence and seek alternatives like a first-offender program. Our firm has documented results defending cannabis charges across the state.
Last verified: April 2026 | Virginia General District Courts | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid prescription. The specific statute, Va. Code § 18.2-250.1, defines the offense and its penalties. Possession of any amount up to one ounce is a misdemeanor, while possession of more than one ounce but less than one pound is a Class 5 felony. The law also includes provisions for possession with intent to distribute, which carries more severe penalties. Understanding the exact charge is the first step in building a defense.
Official Resources and Court Information
For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court procedures and local rules can be found on the Virginia Courts website. These resources provide the legal framework that a skilled cannabis charge defense lawyer Virginia will use to analyze your case.
- Secure legal representation immediately after an arrest or receiving a summons.
- Your attorney will review the police report and evidence for constitutional violations.
- Attend the arraignment hearing where you will be formally advised of the charges.
- Your lawyer will negotiate with the prosecutor, potentially for a reduction or diversion program.
- If no agreement is reached, prepare for a bench or jury trial to contest the charge.
Penalties for Marijuana Possession in Virginia
In Virginia, simple marijuana possession is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine, while possession of over one ounce is a felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month 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 | Mandatory 6-month suspension | Felony record, loss of rights |
| Subsequent Offense (≤ 1 oz) | Class 1 Misdemeanor | Mandatory min. 5 days | Up to $2,500 | Mandatory 6-month suspension | Enhanced penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Marijuana Defense Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our team understands the local court systems and prosecutor strategies. We have a documented track record of achieving favorable outcomes, including dismissals, reductions, and successful entries into diversion programs for clients facing drug charges.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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 and Client Advocacy
Our firm has handled numerous marijuana possession cases. For example, in Fairfax County General District Court, we have successfully negotiated amendments of distribution charges down to simple possession. Firm-wide, we have over 4,739 documented case results with a favorable outcome rate exceeding 93%. Mr. Sris, the firm’s founder, provides strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Marijuana Possession Lawyer Near Fairfax, Virginia
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve clients across Northern Virginia, including those with cases in Fairfax County, Arlington, Loudoun, and Prince William. We serve communities like Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, and Annandale.
Contact a marijuana arrest lawyer Virginia today: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
By appointment only.
Frequently Asked Questions
Is marijuana possession still a crime in Virginia?
Yes. While simple possession of up to one ounce by adults was decriminalized in 2021, it remains a civil violation with a $25 fine. However, possession of more than one ounce is a crime, and possession of any amount with intent to distribute is a felony.
Can I get a marijuana possession charge expunged in Virginia?
It depends. Dismissals, acquittals, and charges taken under advisement (like a first-offender program) are generally eligible for expungement under Va. Code § 19.2-392.2. A conviction for simple possession, however, is typically not eligible for expungement from your record.
Will I go to jail for a first-time marijuana possession charge?
No, jail time is not mandatory for a first offense of simple possession (one ounce or less). The court often imposes a fine or offers a diversion program. For possession of more than one ounce, jail is a possibility, but a skilled cannabis charge defense lawyer Virginia can argue for alternatives.
What is a first-offender program for marijuana in Virginia?
This is a deferred disposition program under Va. Code § 18.2-251. If you meet the criteria and complete court-ordered terms like community service and drug education, the charge can be dismissed. This is a key goal for a marijuana arrest lawyer Virginia to pursue for eligible clients.
How can a lawyer help with a marijuana charge?
A Marijuana Possession Lawyer Virginia can challenge the legality of the search, the chain of custody of the evidence, and the intent element of the charge. They can negotiate for reduced charges or diversion programs and represent you at trial to fight for a not-guilty verdict.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.