Cannabis Possession Lawyer Fairfax — What Are Your Defense Options?
Simple possession of marijuana is a Class 1 misdemeanor in Fairfax County under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. A cannabis possession lawyer Fairfax from Law Offices Of SRIS, P.C. can challenge the evidence and seek dismissal or reduction. We have 501 documented results in Fairfax County. Call (703) 636-5417 for a 24/7 consultation.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid prescription. The specific statute, Va. Code § 18.2-250.1, defines the offense and its penalties. Possession of up to one ounce by a person 21 or older is subject to a civil penalty, but possession of any amount with intent to distribute or possession by a minor remains a criminal offense. The law is nuanced, and the specific facts of your case—such as the amount, packaging, and location—determine the charge and potential consequences.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures and forms for Fairfax County are available through the Fairfax County General District Court website.
Local Court Process for a Marijuana Charge in Fairfax
In Fairfax County, a marijuana possession charge begins with an arrest or summons. The case is heard at the Fairfax County General District Court. Prosecutors may offer first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon completion. An experienced cannabis arrest lawyer Fairfax knows that challenging the legality of the search or the chain of custody of the evidence is often a key defense strategy.
- Receive a summons or be arrested and given a court date for Fairfax County General District Court.
- Consult with a cannabis possession lawyer Fairfax before your first court appearance to discuss defense options.
- Attend your arraignment to hear the formal charge and enter a plea of not guilty.
- Your attorney will file pre-trial motions, negotiate with the prosecutor, and prepare for trial if necessary.
- Attend trial or a final disposition hearing to resolve the case.
Penalties for Marijuana Possession in Fairfax
In Fairfax County, simple possession of marijuana is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. Possession with intent to distribute is a felony with more severe penalties.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible DMV points | Criminal record, possible driver’s license suspension |
| Possession > 1 oz (Adult) | Civil Violation | None | Up to $25 | None | No criminal record for violation |
| Possession with Intent to Distribute | Felony (Class 5 or 6) | 1-10 years | Up to $2,500 | Mandatory suspension | Felony record, severe long-term consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your 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 focus on building a strong defense from the start, examining police reports, lab results, and search procedures for weaknesses. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation.
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 in Fairfax County
Our team has a documented record of results in Fairfax County. We have achieved 501 favorable outcomes locally, including 336 cases dismissed or found not guilty and 143 charges reduced or amended. For example, we have secured nolle prosequi (dismissals) for charges like “No Registration Card/License in Possession” and successfully amended more serious charges like “Driving Under Revocation/Suspension” to lesser offenses.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Near You
Our Fairfax location serves clients at the Fairfax County courts. As a cannabis possession lawyer Fairfax near the courthouse, we are accessible to communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations—meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
FAQs: Marijuana Charges in Fairfax, VA
Is marijuana possession a felony in Virginia?
No, simple possession of marijuana is not a felony for adults 21 and over; it is a civil penalty for amounts up to one ounce. However, possession of more than one ounce by an adult, possession by a minor, or possession with intent to distribute can be charged as a misdemeanor or felony.
Can I get a marijuana charge expunged in Fairfax County?
It depends. Virginia law allows expungement for charges that resulted in an acquittal, dismissal, or nolle prosequi (Va. Code § 19.2-392.2). If you complete a first-offender program and the charge is dismissed, you may petition the Fairfax County Circuit Court to expunge the record. Most convictions cannot be expunged.
What should I do if I’m arrested for marijuana possession?
First, remain silent and ask for a lawyer. Do not discuss the case with police. Contact a marijuana charge defense lawyer Fairfax immediately. An attorney can advise you on your rights, help secure your release, and begin building your defense by reviewing the circumstances of your arrest and the evidence against you.
What are the penalties for a first-time marijuana possession charge?
For a first offense of simple possession (over one ounce or by a minor), the penalty is a Class 1 misdemeanor: up to 12 months in jail and a $2,500 fine. However, many first-time offenders are eligible for diversion programs that can result in dismissal, community service, or drug education classes instead of jail time.
How can a lawyer help with a marijuana charge?
A cannabis arrest lawyer Fairfax can challenge the legality of the stop and search, question the lab analysis of the substance, negotiate for a reduction or diversion program, and represent you at trial. An experienced attorney works to protect your rights and achieve the best possible outcome, which may include avoiding a criminal conviction.
Internal Links: For more information, see our Virginia Criminal Defense hub page. We also assist clients in neighboring areas like Fairfax City and with related charges such as DUI in Fairfax.
Last verified: April 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.