Marijuana Possession Lawyer Virginia Beach — What Are Your Defense Options?
A marijuana possession charge in Virginia Beach is a Class 1 misdemeanor 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. provides strong defense for these charges at Virginia Beach General District Court. Our marijuana possession lawyer Virginia Beach team has documented results in this jurisdiction. Contact us 24/7 for a case review.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana. The specific statute is Va. Code § 18.2-250.1. For adults, possession of more than one ounce but not more than one pound is a Class 3 misdemeanor, punishable by a fine of up to $500. Possession of more than one pound is a felony. For individuals under 21, possession of any amount remains illegal. The law is complex, and a skilled marijuana possession lawyer Virginia Beach is essential to handle the potential penalties and explore defense strategies, including first-offender programs under Va. Code § 19.2-303.2.
Official Legal Resources
For the official text of Virginia’s marijuana laws, refer to the Virginia General Assembly website. Court procedures and locations for Virginia Beach cases can be found on the Virginia Beach General District Court website.
Defending a Marijuana Charge in Virginia Beach
Virginia Beach prosecutors handle marijuana possession cases routinely. A key local procedural fact is that first-offender programs are available, which can lead to dismissal upon successful completion. The Commonwealth’s Attorney for Virginia Beach prosecutes these cases at the court on Nimmo Parkway. An experienced cannabis charge defense lawyer Virginia Beach can challenge the legality of the search, the chain of custody of the evidence, or negotiate for a favorable disposition.
- Contact a marijuana arrest lawyer Virginia Beach immediately after receiving a summons or being charged.
- Your attorney will obtain the police report and evidence to identify weaknesses in the prosecution’s case.
- Your lawyer may file motions to suppress evidence if your constitutional rights were violated during the search or arrest.
- Your attorney will negotiate with the prosecutor, potentially for a reduction, dismissal, or entry into a first-offender program.
- If a favorable plea cannot be reached, your lawyer will prepare for and represent you at trial in Virginia Beach General District Court.
Potential Penalties for Marijuana Possession
In Virginia Beach, simple possession of more than one ounce but not more than one pound by an adult is a Class 3 misdemeanor with a fine up to $500, while possession of over one pound is a felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession >1 oz ≤1 lb (Adult) | Class 3 Misdemeanor | None | Up to $500 | Possible DMV points | Criminal record |
| Possession >1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | N/A | Felony record |
| Possession (Under 21) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | License suspension possible | Criminal record, mandatory drug education |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Marijuana Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into both sides of a criminal case. We have a documented record of achieving favorable outcomes for clients facing drug charges. For example, in Fairfax County, our attorneys have successfully had charges of distribution amended to simple possession.
Results may vary. Prior results do not guarantee a similar outcome.
Our firm-wide experience across Virginia, Maryland, New Jersey, New York, and DC informs our strategic approach to each case in Virginia Beach.
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 secondary attorney on complex criminal defense matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Local Representation for Virginia Beach Residents
Our Richmond Location serves clients at the Virginia Beach courts. We are accessible via I-264, I-64, and Route 44. We provide legal counsel to residents of Virginia Beach, Sandbridge, and Oceana. As a marijuana possession lawyer near Virginia Beach, we offer 24/7 phone consultations — meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Virginia Beach?
It depends. For adults, possession of more than one pound is a Class 5 felony. Possession of more than one ounce but not more than one pound is a Class 3 misdemeanor. Possession of any amount by a person under 21 is a Class 1 misdemeanor. A marijuana possession lawyer Virginia Beach can advise on the specific charges you face.
Can I get a marijuana possession charge expunged in Virginia Beach?
Yes, under certain conditions. Virginia allows expungement for acquittals, dismissals, and nolle prosequi (dropped charges) under Va. Code § 19.2-392.2. A first-offender dismissal may also be eligible. Most convictions cannot be expunged. A cannabis charge defense lawyer Virginia Beach can file the petition in Virginia Beach Circuit Court if you qualify.
What is the penalty for a first-time marijuana possession charge?
For a first-time adult offender possessing more than one ounce but not more than one pound, the penalty is a fine of up to $500 (Class 3 misdemeanor). However, you may be eligible for a first-offender program under Va. Code § 19.2-303.2, which can result in dismissal after meeting court conditions.
Do I need a lawyer for a simple marijuana possession ticket?
Yes. Even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, and educational opportunities. A marijuana arrest lawyer Virginia Beach can work to have the charge reduced, dismissed, or handled through a first-offender program to avoid a conviction.
What happens at a court hearing for marijuana possession?
Your first hearing in Virginia Beach General District Court is typically an arraignment, where you enter a plea. Your attorney can appear with you, discuss options with the prosecutor, and potentially resolve the case. If not, a trial date will be set. Having a lawyer present is crucial for protecting your rights.
For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in nearby areas like Henrico County and Chesterfield County. In Virginia Beach, we also handle DUI/DWI and Reckless Driving cases.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current guidance.