Marijuana Possession Lawyer Virginia, VA

Virginia’s approach to marijuana possession has changed substantially in recent years, but a charge can still lead to serious consequences. Since 2021, possession of up to one ounce of cannabis by an adult 21 or older is lawful under Va. Code § 4.1-1100. Possessing more than one ounce, however, may still bring criminal penalties—and possession with intent to distribute, possession by a person under 21, or possession in certain places carries its own risks. If you are facing a marijuana possession charge anywhere in Virginia, Mr. Sris and his Of Counsel team are available to discuss your situation. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.

Understanding Marijuana Possession Charges in Virginia

For most adults, Virginia treats simple possession of up to one ounce of cannabis as a civil matter—a $25 civil penalty with no criminal record. Possession between one and four ounces can be a Class 4 misdemeanor, and over four ounces may be a Class 1 misdemeanor. The law also prohibits public consumption and restricts possession on school grounds, in correctional facilities, and in certain other locations. A charge involving more than a personal-use quantity may be prosecuted as possession with intent to distribute, a felony under Va. Code § 18.2-248.

The specific court a case goes to depends on the charge. Misdemeanors are handled in the General District Court of the county or city where the alleged offense occurred; felonies go to the Circuit Court. Mr. Sris and his Of Counsel appear in courts throughout Virginia, including Fairfax County, Prince William County, Richmond, Loudoun County, and dozens of other jurisdictions. Because Virginia judges apply the law to the facts of each case individually, the outcome of a marijuana charge can depend on everything from the weight of the evidence to the defendant’s prior record.

How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases

Every marijuana possession case begins with a careful review of the evidence. Mr. Sris and his Of Counsel examine the arrest report, any laboratory testing, search-and-seizure issues, and the applicable statute. For first-offense possession of a controlled substance or marijuana, Virginia law allows a deferred disposition under Va. Code § 18.2-251. That provision lets a court place a defendant on probation with conditions that can include substance-abuse assessment and community service. Successful completion results in dismissal of the charge, and the record may be eligible for expungement. Mr. Sris and his Of Counsel work to identify whether a client qualifies for such a diversion program or whether other defenses—such as an illegal search or a lack of evidence—support a dismissal or reduced charge.

The timeline of a marijuana case varies by jurisdiction and court docket. In General District Court, a misdemeanor trial may be scheduled within weeks of arraignment; a felony case in Circuit Court may take several months. Throughout that time, Mr. Sris and his Of Counsel communicate with the Commonwealth’s Attorney’s Office and the court to seek the trusted … Resolution. While no attorney can promise a particular outcome, the firm has extensive experience with marijuana-related charges across Virginia and works toward a result that minimizes the long-term impact on a client’s record.

About Mr. Sris and His Of Counsel

Law Offices Of SRIS, P.C. has been practicing in Virginia since 1997. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who now concentrates his practice on criminal defense, including marijuana possession, drug offenses, and serious felonies. He is supported by a team of Of Counsel attorneys—experienced lawyers who bring additional knowledge of Virginia courtrooms, law enforcement procedures, and the prosecution process.

Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. The firm’s attorneys appear in General District Courts, Circuit Courts, and federal courts across Virginia. Every case receives careful attention, and Mr. Sris personally works with his Of Counsel to develop a strategy tailored to the client’s objectives.

Last reviewed: June 2026

Frequently Asked Questions

What should I do if I am facing marijuana possession charges in Virginia?

If you have been charged with marijuana possession, contact an experienced criminal attorney as soon as possible. Do not discuss the case with anyone except your lawyer. The deadlines and procedural requirements in Virginia courts start immediately, and your attorney will need time to evaluate the evidence, explore diversion programs like Va. Code § 18.2-251, and prepare a defense. Mr. Sris and his Of Counsel are available to discuss your situation and help you understand your options.

How does a Virginia lawyer defend against marijuana possession charges?

A defense attorney may challenge the legality of the traffic stop or search that led to the discovery of marijuana, question the chain of custody or accuracy of laboratory testing, or argue that the substance found was not in the defendant’s knowing possession. For first-offense simple possession, the lawyer may seek a deferred disposition under § 18.2-251. Every case is different, and a thorough review of the police report and evidence is essential to building an effective defense.

Is marijuana possession still a criminal offense in Virginia?

For adults 21 and older, possession of up to one ounce of cannabis is a civil offense subject to a $25 fine, not a criminal charge. Possession of more than one ounce can be a criminal misdemeanor. Possession with intent to distribute remains a felony. A person under 21 found in possession may face a misdemeanor charge. Certain locations, such as school property, may result in a felony charge even for small amounts. The consequences of a marijuana conviction can include a permanent criminal record, loss of driving privileges, and difficulty obtaining employment or housing. Mr. Sris and his Of Counsel can explain how the law applies to a specific charge.

Can a marijuana possession charge be expunged in Virginia?

If the charge resulted in an acquittal, nolle prosequi (dismissal by the prosecutor), or dismissal after completion of a deferred disposition program, the record may be eligible for expungement under Virginia law. Expungement is not automatic; a petition must be filed in the Circuit Court. Convictions generally cannot be expunged. An attorney can help determine eligibility and handle the petition process.

Do I need a lawyer for a marijuana possession charge?

You are not legally required to have a lawyer, but a marijuana charge—especially a repeat offense or one involving an amount over one ounce—can have serious consequences, including a criminal record and potential jail time. An experienced attorney can identify procedural errors, negotiate with the Commonwealth’s Attorney, and seek alternative dispositions. Mr. Sris and his Of Counsel work to protect clients’ rights and pursue favorable outcomes. To discuss your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Where can I find a marijuana possession lawyer in Virginia?

Mr. Sris and his Of Counsel appear in courts across Virginia, from Northern Virginia to Richmond, Hampton Roads, and the Shenandoah Valley. The firm’s locations serve clients statewide, and consultations are available by phone and by appointment. Contact us at (888) 437-7747 to speak with an attorney about your case.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

Virginia primary sources:
Virginia Code Title 18.2 (Crimes and Offenses),
Virginia Judicial System

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