Marijuana Possession Lawyer Lexington — What Are Your Defense Options?
Simple marijuana possession in Lexington 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. Law Offices Of SRIS, P.C. has documented results defending cannabis charges in Lexington General District Court.
Last verified: April 2026 | Lexington 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 provides for a first-offender conditional discharge program. Possession of more than one ounce is a Class 5 felony. The law distinguishes between simple possession and possession with intent to distribute, which carries significantly harsher penalties. Understanding these distinctions is critical for building an effective defense strategy with a marijuana possession lawyer Lexington.
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court procedures and local rules for Lexington cases can be found on the Lexington General District Court website.
Defending a Marijuana Charge in Lexington Court
In Lexington General District Court, prosecutors must prove you knowingly and intentionally possessed marijuana. A common defense involves challenging the legality of the traffic stop or search that led to the discovery. If the officer lacked probable cause or reasonable suspicion, the evidence may be suppressed. The court also considers diversion programs for first-time offenders under Va. Code § 18.2-251.
- Initial Consultation: Contact a marijuana arrest lawyer Lexington immediately after being charged to discuss the specifics of your case and police interaction.
- Case Review: Your attorney will obtain the police report, witness statements, and lab analysis to identify weaknesses in the prosecution’s case.
- Motion Filing: If the search was unconstitutional, your lawyer can file a motion to suppress the evidence, which may lead to the charge being dropped.
- Negotiation or Trial: Your attorney will negotiate for a reduction, diversion, or dismissal. If a fair plea cannot be reached, they will prepare for a bench trial in Lexington GDC.
Penalties for Marijuana Possession in Lexington
In Lexington, 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 or larger amounts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (1st offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, possible drug education |
| Possession ≤ 1 oz (2nd+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month suspension | Permanent criminal record |
| Possession > 1 oz | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Mandatory 6-month suspension | Felony record, loss of firearm rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Charges
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper who understand how these cases are built from both sides. We have successfully defended clients against marijuana possession and distribution charges across Virginia, including in Lexington. Our approach involves a detailed analysis of the stop, search, seizure, and lab procedures to protect your rights and future.
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 firm has a documented history of achieving favorable outcomes in drug cases. For example, we have successfully negotiated the amendment of felony distribution charges down to simple misdemeanor possession, avoiding mandatory minimum sentences and felony records for our clients. In other cases, we have secured outright dismissals after filing motions to suppress illegally obtained evidence.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Marijuana Defense Lawyers
Our Richmond location serves clients facing charges at Lexington General District Court. We are accessible via I-64 and I-81. If you need a cannabis charge defense lawyer Lexington, contact us 24/7 for a phone consultation. Meetings are by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a first-time marijuana possession charge in Lexington?
A first offense for possessing one ounce or less is a Class 1 misdemeanor, punishable by up to 30 days in jail and a $500 fine. The court often offers a first-offender diversion program under Va. Code § 18.2-251, which can result in dismissal after completing community service and drug education.
Can I get a marijuana possession charge expunged in Virginia?
It depends. If the charge is dismissed after completing a first-offender program, you can petition for expungement under Va. Code § 19.2-392.2. A conviction for marijuana possession, however, generally cannot be expunged from your Virginia criminal record, making a strong defense with a marijuana possession lawyer Lexington critical from the start.
Will I lose my driver’s license for a marijuana possession charge?
Yes, likely. Va. Code § 18.2-259.1 mandates a six-month driver’s license suspension for any drug conviction, including misdemeanor marijuana possession. For a first offense, the court may grant a restricted license for certain purposes like work or school. A second offense carries a mandatory suspension with no restricted license available.
What’s the difference between possession and possession with intent to distribute?
The prosecution must prove intent to sell, give, or distribute. Factors include the amount of marijuana, packaging materials, scales, large amounts of cash, or text messages. Possession with intent is a much more serious felony charge. An experienced marijuana arrest lawyer Lexington can fight the intent element to reduce the charge to simple possession.
Do I need a lawyer for a simple marijuana possession charge?
Yes. Even a misdemeanor conviction creates a permanent criminal record affecting employment, housing, and education. A lawyer can seek diversion to avoid a conviction, challenge illegal searches, and negotiate for the best possible outcome. The SRIS team includes former prosecutor Kristen Fisher, who provides insight into case strategy.
Internal Resources
For more information on criminal defense in Virginia, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County. If you are facing other charges in Lexington, explore our related services: DUI/DWI Lawyer Lexington and Reckless Driving Lawyer Lexington.
Information updated as of April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.