Cannabis Possession Lawyer New Kent County — What Are Your Defense Options?
Simple marijuana possession in New Kent County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 30 days in jail and a $500 fine for a first offense. A cannabis possession lawyer New Kent County from Law Offices Of SRIS, P.C. can challenge the legality of the search, evidence handling, and explore first-offender dismissal options.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law classifies simple possession of marijuana (one ounce or less) as a Class 1 misdemeanor. The statute, Va. Code § 18.2-250.1, outlines the penalties and defines what constitutes possession. For amounts over one ounce, the charge escalates to possession with intent to distribute, a felony. A cannabis arrest lawyer New Kent County understands that even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, and professional licenses.
Local Court Process for Marijuana Charges
All misdemeanor marijuana possession cases in New Kent County begin at the New Kent County General District Court located at 12001 Courthouse Circle. The Commonwealth’s Attorney prosecutes these cases. A skilled marijuana charge defense lawyer New Kent County will immediately review the arrest details, police report, and evidence for constitutional violations or procedural errors that could lead to a dismissal.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney can file motions to suppress evidence if it was obtained through an illegal search or seizure.
- Negotiation: Your lawyer will negotiate with the prosecutor for a reduction, dismissal, or favorable plea agreement.
- Trial or Disposition: If no agreement is reached, your case proceeds to a bench trial before a judge. If eligible, you may complete a first-offender program for dismissal.
Penalties for Marijuana Possession in New Kent County
In New Kent County, a first-offense marijuana possession charge is a Class 1 misdemeanor punishable by up to 30 days in jail and a fine of up to $500, with higher penalties for subsequent offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (≤ 1 oz) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, possible drug education |
| Second Offense (≤ 1 oz) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month suspension | Enhanced criminal record |
| Possession (> 1 oz) | Class 5 Felony | 1-10 years* | Up to $2,500 | Mandatory 6-month suspension | Felony record, loss of rights |
Results may vary. Prior results do not guarantee a similar outcome.
*Or up to 12 months in jail and a $2,500 fine at the discretion of the jury.
Why Choose Our Firm for Your Defense
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 “Advocacy Without Borders” philosophy means we pursue every available legal avenue for your defense. We have a documented record of achieving favorable outcomes for clients facing drug charges across Virginia.
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
Our team includes seasoned litigators like Mr. Sris, whose background as a former prosecutor provides critical insight into how the Commonwealth builds its cases. For complex matters, we also draw on the experience of attorneys like Kristen Fisher, a former Maryland Assistant State’s Attorney.
Local Presence for New Kent County Clients
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond location is strategically positioned to serve clients at the New Kent County courts. We represent individuals in New Kent, Providence Forge, and Quinton. As your local cannabis possession lawyer New Kent County, we offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
What is the penalty for a first-time marijuana possession charge in New Kent County?
A first offense for possessing one ounce or less of marijuana is a Class 1 misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. Your driver’s license may also be suspended for six months.
Can I get a marijuana possession charge expunged in Virginia?
It depends. If the charge is dismissed (e.g., through a first-offender program) or you are found not guilty, you can petition for expungement under Va. Code § 19.2-392.2. A conviction for simple possession generally cannot be expunged from your record.
Do I need a lawyer for a simple possession charge?
Yes. Even a misdemeanor conviction creates a permanent criminal record. A cannabis arrest lawyer New Kent County can challenge the evidence, seek a dismissal or reduction, and guide you through programs that may avoid a conviction altogether.
What is the difference between GDC and Circuit Court for a marijuana charge?
Misdemeanor possession cases are heard in New Kent County General District Court (GDC). If you are charged with a felony (possession with intent), the preliminary hearing is in GDC, but the jury trial would be in New Kent County Circuit Court. You have a right to appeal a GDC conviction to Circuit Court for a new trial.
What defenses are available for a marijuana possession charge?
Common defenses include challenging the legality of the traffic stop or search (Fourth Amendment violation), proving the substance was not marijuana, proving you were not in possession, or demonstrating flaws in the chain of custody for the evidence. A marijuana charge defense lawyer New Kent County will identify the strongest defense for your case.
For more information on court procedures, visit the Virginia Courts website.
If you are facing a marijuana charge, contact a cannabis possession lawyer New Kent County at Law Offices Of SRIS, P.C. today. We offer 24/7 consultations to discuss your case and defense strategy.
Related Pages: Virginia Criminal Defense Lawyer | Henrico County Criminal Lawyer | New Kent County DUI Lawyer