Cannabis Possession Lawyer Clarke County — What Are Your Defense Options?
Simple marijuana possession in Clarke County 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 29 total documented case results across all practice areas in Clarke County.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid medical cannabis certification. The specific statute is Va. Code § 18.2-250.1. Possession of up to one ounce is a Class 1 misdemeanor for a first offense, punishable by up to 30 days in jail and a fine of up to $500. A second or subsequent offense is a Class 1 misdemeanor with a potential penalty of up to 12 months in jail and a $2,500 fine. Possession of more than one ounce but less than one pound is a Class 5 felony, and possession of one pound or more is a Class 1 felony. The law distinguishes between simple possession and possession with intent to distribute, which carries significantly harsher penalties.
Last verified: April 2026 | Clarke County General District Court | Va. Code § 18.2-250.1
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court information, including forms and procedures for Clarke County, can be found on the Clarke County General District Court website.
Defending a Marijuana Charge in Clarke County
Prosecutors in Clarke County General District Court handle numerous marijuana possession cases. A common procedural fact is that first-time offenders may be eligible for a deferred disposition under Va. Code § 19.2-303.2, which can lead to dismissal upon completion of terms. The key is to act before a conviction is entered on your record.
- Consult with a cannabis arrest lawyer Clarke County immediately after receiving a summons or being charged.
- Your attorney will review the police report and evidence for constitutional violations, such as an illegal stop or search.
- Attend your arraignment at Clarke County General District Court (104 North Church Street, Berryville) where your lawyer can enter a plea and discuss options with the prosecutor.
- If applicable, your attorney will file a motion to suppress evidence obtained unlawfully.
- Negotiate for a reduction, dismissal, or entry into a first-offender program.
- If necessary, prepare for and proceed to a bench trial in GDC or demand a jury trial in Clarke County Circuit Court.
Penalties for Marijuana Possession in Clarke County
In Clarke County, a first-offense marijuana possession charge carries up to 30 days in jail and a $500 fine, while subsequent offenses can result in up to 12 months in jail and a $2,500 fine.
| 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, difficulty finding employment/housing |
| Possession ≤ 1 oz (2nd+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Enhanced penalties, permanent record |
| Possession >1 oz <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Revocation | Felony record, loss of civil rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Clarke County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, our team understands the local legal field. We have a documented history of handling cases in Clarke County, achieving favorable outcomes through diligent defense strategies.
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 29 total documented case results across all practice areas in Clarke County, with a 72% favorable outcome rate. In similar drug-related cases, our attorneys, including Mr. Sris who provides strategic oversight on complex matters, have secured dismissals and favorable reductions by challenging the legality of searches and the sufficiency of evidence.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Clarke County, VA
Our Richmond location serves clients facing charges at the Clarke County courts. We are accessible to residents of Berryville and Boyce.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
It depends. Possession of one ounce or less is a misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony. Possession of one pound or more is a Class 1 felony under Va. Code § 18.2-250.1.
Can I get a marijuana possession charge expunged in Clarke County?
Yes, but only under specific conditions. Virginia law allows expungement for acquittals, dismissals (including through first-offender programs), and nolle prosequi. Most convictions cannot be expunged. The petition is filed in Clarke County Circuit Court.
Will I go to jail for a first-time marijuana possession charge in Clarke County?
Not necessarily. For a first offense of one ounce or less, jail time is possible but not mandatory. Many first-time offenders qualify for a deferred disposition, resulting in dismissal after meeting court conditions, avoiding jail and a conviction.
Do I need a marijuana charge defense lawyer Clarke County for a simple possession case?
Yes. Even a misdemeanor conviction creates a permanent criminal record affecting employment, housing, and professional licenses. A skilled marijuana charge defense lawyer Clarke County can seek dismissal, avoid a conviction, and protect your future.
What should I do if I’m arrested for cannabis possession in Clarke County?
Remain silent and request an attorney immediately. Do not discuss the case with law enforcement. Contact a cannabis arrest lawyer Clarke County as soon as possible to begin building your defense and protecting your rights.
Related Legal Help in Clarke County
If you are facing other charges, our firm also provides representation for DUI defense, other criminal charges across Virginia, and defense in nearby Henrico County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.