Marijuana Possession Lawyer Lexington — What Are Your Defense Options?
Marijuana possession in Lexington, Virginia, 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. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. provides experienced defense for these charges. If you need a marijuana possession lawyer Lexington, contact us 24/7 for a consultation.
Virginia Marijuana Possession Law
Simple possession of marijuana is a Class 1 misdemeanor in Virginia. The law is defined in Va. Code § 18.2-250.1. Possession of any amount not intended for distribution is covered under this statute. The penalties increase for subsequent offenses. It is critical to understand that while some states have legalized recreational use, Virginia law still imposes criminal penalties for unauthorized possession.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the Virginia statute, refer to the Virginia Code § 18.2-250.1. Court procedures and local rules for Lexington can be found on the Lexington General District Court website.
Defending a Marijuana Charge in Lexington Court
Defending a marijuana charge requires a detailed understanding of search and seizure law, chain of custody for evidence, and local court procedures. In Lexington General District Court, prosecutors must prove you knowingly and intentionally possessed the substance. Common defense strategies challenge the legality of the stop, the search that found the marijuana, or the proof of possession itself. For many first-time offenders, a deferred disposition under Va. Code § 18.2-251 may be available, which can lead to dismissal upon completion of terms.
- Consult with a defense attorney immediately after arrest or receiving a summons.
- Your attorney will review the police report and evidence for constitutional violations.
- We will appear with you at your arraignment in Lexington General District Court.
- We negotiate with the prosecutor for a favorable resolution, which may include a first-offender program, reduction, or dismissal.
- If no agreement is reached, we prepare for and conduct a trial to defend your rights.
Penalties for Marijuana Possession in Lexington
In Lexington, a first-offense marijuana possession charge is a Class 1 misdemeanor carrying up to 30 days in jail and a $500 fine, with penalties increasing for subsequent convictions.
| 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 Offense Possession | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Mandatory minimum 30 days if within 10 years |
| Possession with Intent to Distribute | Felony (Class 5 or higher) | 1-10 years | Up to $2,500 | License suspension | Felony record, severe long-term impacts |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of achieving favorable outcomes for our clients by building strong, evidence-based defenses and understanding the nuances of local courts like Lexington General District Court.
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
Our attorneys have successfully defended clients against marijuana charges. In past cases, we have negotiated amendments from felony distribution charges down to simple possession, secured first-offender dismissals, and won motions to suppress evidence. For example, in Fairfax County GDC, we successfully amended a distribution charge to simple possession. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally handles intricate defense strategies.
Contact Our Lexington Marijuana Defense Lawyers
Our Richmond location serves clients facing charges in Lexington courts. We are accessible to Lexington via I-81 and I-64. If you need a marijuana possession lawyer Lexington or a cannabis charge defense lawyer Lexington near you, we are available 24/7.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
We serve the Lexington community and surrounding areas.
Frequently Asked Questions
Is marijuana possession a felony in Lexington, VA?
No. Simple possession of marijuana for personal use is a Class 1 misdemeanor under Va. Code § 18.2-250.1. However, possession with intent to distribute is a felony.
Can I get a first-time marijuana offense dismissed in Lexington?
It depends. Virginia’s first-offender statute (§ 18.2-251) allows for deferred disposition. If the court grants it and you complete terms like community service and drug education, the charge can be dismissed. An attorney can petition the court for this disposition.
Will I go to jail for a first-time marijuana possession charge?
Not necessarily. While the law allows for up to 30 days, first-time offenders often receive probation, a fine, or a first-offender program. Jail time is more likely for repeat offenses or if other aggravating factors are present.
Do I need a lawyer for a small amount of marijuana?
Yes. Any criminal conviction, even for a small amount, creates a permanent record that can affect employment, housing, and educational opportunities. A marijuana arrest lawyer Lexington can work to avoid a conviction entirely.
Can the police search my car for marijuana smell in Virginia?
The law is evolving. While odor alone may provide probable cause, defense attorneys frequently challenge the basis of the search. The success of such a challenge depends on the specific facts of the stop.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.