Cannabis Possession Lawyer Fairfax County — What Are Your Defense Options?
Simple possession of marijuana is a Class 1 misdemeanor in Fairfax County under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Under Virginia law, possession of marijuana for personal use is a criminal offense. The specific statute, Va. Code § 18.2-250.1, defines the penalties. For a first offense of possessing one ounce or less, the court may order a drug education program and community service in lieu of jail. Possession of more than one ounce is a Class 1 misdemeanor. Possession with intent to distribute is a felony. The law distinguishes between simple possession and distribution, with significantly harsher penalties for the latter. A cannabis arrest lawyer can explain how these statutes apply to your specific case.
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures and filing information can be found on the Fairfax County General District Court website.
Handling a Marijuana Charge in Fairfax County
In Fairfax County, prosecutors may offer first-offender programs under Va. Code § 18.2-251 for simple possession. Successful completion typically leads to dismissal. However, eligibility is not automatic. The Commonwealth’s Attorney will review your criminal history. An experienced marijuana charge defense lawyer Fairfax County can negotiate for this disposition or challenge the evidence if the stop or search was unlawful. Police must have probable cause or a valid warrant.
- Secure legal representation immediately after arrest or receiving a summons.
- Your attorney will obtain discovery, including the police report and lab analysis.
- We will file pre-trial motions to suppress evidence if constitutional rights were violated.
- Negotiate with the prosecutor for dismissal, reduction, or a first-offender program.
- Prepare for trial if a favorable plea agreement cannot be reached.
Potential Penalties for Cannabis Possession
In Fairfax County, simple marijuana possession is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine, with higher penalties for intent to distribute.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (1st offense) | Class 1 Misdemeanor | Up to 30 days (may be suspended for program) | Up to $500 | Possible 6-month suspension | Drug education program, community service |
| Possession > 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record |
| Possession with Intent to Distribute | Felony (Class 5 or higher) | 1-10 years | Up to $2,500 | Mandatory 6-month suspension | Felony record, severe long-term consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Fairfax County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys have a combined 120+ years of legal experience. In Fairfax County, we have documented 501 criminal case results. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into both sides of a case. We focus on building a strong defense from the start.
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 in Fairfax County. For example, we have secured dismissals (nolle prosequi) for charges like “No Registration Card/License in Possession.” In another case, a charge of “Driving Under Revocation/Suspension” was amended to a lesser non-moving violation.
Results may vary. Prior results do not guarantee a similar outcome.
Each case is unique, but our systematic approach to challenging evidence and negotiating with prosecutors aims for the best possible result. Secondary attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, also contributes his unique perspective on police procedure and evidence handling.
Law Offices Of SRIS, P.C. — Fairfax
Address: 4008 Williamsburg Ct, Fairfax, VA 22032, United States
Phone: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Availability: 24/7 phone consultations. Meetings by appointment only.
Our Fairfax location serves clients at the Fairfax County General District Court. We are a cannabis possession lawyer near Fairfax, serving communities including Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
No, simple possession of one ounce or less for personal use is a misdemeanor. However, possession with intent to distribute is a felony.
Can I get a marijuana charge expunged in Fairfax County?
It depends. Virginia law allows expungement for charges that were dismissed, nolle prossed, or resulted in a not guilty verdict. A conviction for simple possession is generally not eligible for expungement, but a first-offender dismissal may be.
What should I do if I’m arrested for cannabis possession?
Remain silent and request a lawyer immediately. Do not discuss the case with police. Contact a cannabis arrest lawyer Fairfax County as soon as possible to begin building your defense and protect your rights.
What is the penalty for a first-time marijuana possession charge?
For a first offense of one ounce or less, the court may order a drug education program and up to 24 hours of community service. If completed, the charge is dismissed. Jail time and a fine are possible, especially for amounts over one ounce.
Do I need a lawyer for a small amount of marijuana?
Yes. Even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, and educational opportunities. A lawyer can seek dismissal or avoid a conviction altogether.
Related Pages: For other charges, see our Fairfax County DUI Lawyer or Virginia Criminal Defense Lawyer hub. For help in a nearby area, consider our Falls Church Criminal Defense Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.