Cannabis Possession Lawyer Virginia Beach — What Are Your Defense Options?
A cannabis possession lawyer Virginia Beach is essential for charges under Va. Code § 18.2-250.1. Simple possession of up to one ounce is a civil penalty with a $25 fine, but possession with intent to distribute is a felony. Law Offices Of SRIS, P.C. provides defense at Virginia Beach General District Court (2425 Nimmo Parkway).
Virginia’s Marijuana Possession Laws
Virginia law distinguishes between simple possession and possession with intent to distribute. Since July 1, 2021, simple possession of up to one ounce of marijuana by adults 21 and older is a civil violation, not a crime, punishable by a $25 civil penalty under Va. Code § 18.2-250.1. However, possession of more than one ounce remains a Class 1 misdemeanor, carrying up to 12 months in jail and a $2,500 fine. Possession with intent to distribute any amount is a felony, with penalties escalating based on quantity.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia Code Title 18.2, Chapter 7. Court information and procedures can be found on the Virginia Beach General District Court website.
Defending a Marijuana Charge in Virginia Beach
Even a civil violation for marijuana can create a public record. For more serious charges, a strong defense is critical. In Virginia Beach, prosecutors must prove you knowingly and intentionally possessed the substance. Common defenses challenge the legality of the search, the chain of custody of evidence, or whether you had actual or constructive possession.
- Initial Consultation: Contact a cannabis arrest lawyer Virginia Beach immediately after a charge or arrest to discuss the specifics of your case.
- Case Review: Your attorney will obtain police reports, witness statements, and lab analysis to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence if the search or seizure violated your Fourth Amendment rights.
- Negotiation or Trial: Work to negotiate a favorable plea or, if necessary, prepare for a bench trial in General District Court or a jury trial in Circuit Court.
- Post-Trial Relief: If eligible, pursue expungement of arrest records after a case is dismissed or you are found not guilty.
Potential Penalties for Marijuana Offenses
In Virginia Beach, penalties for marijuana offenses range from a $25 civil fine for simple possession of an ounce or less to decades in prison for large-scale distribution.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (Adult 21+) | Civil Violation | None | $25 | None | Public record |
| Possession > 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Criminal record |
| Possession with Intent to Distribute (PWID) | Felony (Class 5/6) | 1-10 years (Class 5) or 1-5 years (Class 6) | Up to $2,500 | Mandatory 6-month suspension | Felony record, asset forfeiture |
| Distribution ≥ 5 lbs | Felony | 5-40 years | Up to $1,000,000 | Mandatory suspension | Mandatory minimum sentences apply |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Defense Team
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 firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the local procedures at Virginia Beach General District Court and the strategies employed by the Commonwealth’s Attorney’s office.
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 Virginia Beach
Our firm has secured 8 total documented case results across all practice areas in Virginia Beach with a 100% favorable outcome rate. For example, our team, including secondary attorney Mr. Sris, has successfully argued for dismissals in cases where the search exceeded the scope of a traffic stop or where the prosecution could not prove constructive possession.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Virginia Beach
Our Richmond location represents clients at the Virginia Beach courts. We serve clients throughout Virginia Beach, Sandbridge, and Oceana, accessible via I-264 and Route 44. If you need a marijuana charge defense lawyer Virginia Beach, we are available 24/7 for phone consultations.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
FAQs: Cannabis Possession in Virginia Beach
Is marijuana possession still a crime in Virginia Beach?
No, for adults 21+. Possession of one ounce or less is a civil violation with a $25 fine. Possession of more than one ounce remains a Class 1 misdemeanor, and possession with intent to distribute is a felony.
Can I get a marijuana possession charge expunged in Virginia Beach?
It depends. If you were acquitted, the charge was dismissed, or the prosecutor entered a nolle prosequi, you may petition for expungement under Va. Code § 19.2-392.2 in Virginia Beach Circuit Court. Civil violations for possession of one ounce or less are not criminal charges and do not create a criminal record to expunge.
What is the difference between simple possession and possession with intent?
Simple possession means having the drug for personal use. Possession with intent to distribute (PWID) is charged when circumstances suggest an intent to sell, such as possessing large amounts, baggies, scales, or large sums of cash. PWID is a felony with severe penalties.
Do I need a lawyer for a simple possession ticket?
Yes. While the penalty is a $25 fine, a civil violation creates a public record that can appear on background checks. A cannabis possession lawyer Virginia Beach can advise you on the implications and may help you avoid a public record.
What should I do if I’m arrested for marijuana possession?
Remain silent and ask for a lawyer immediately. Do not discuss your case with anyone except your attorney. Contact a cannabis arrest lawyer Virginia Beach as soon as possible to begin building your defense and protecting your rights.
Related Legal Help in Virginia Beach
If you are facing other charges, our firm provides full representation. You may also need a DUI lawyer in Virginia Beach or a criminal defense lawyer in Chesterfield. For a complete overview of our statewide services, visit our Virginia criminal defense hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.