Cannabis Possession Lawyer Fairfax County — What Are Your Defense Options?
Simple marijuana possession in Fairfax County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County. A skilled cannabis possession lawyer Fairfax County can challenge the legality of the search, the chain of evidence, or pursue a first-offender dismissal.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana (cannabis) without a valid prescription. The primary statute is Va. Code § 18.2-250.1. Possession of one ounce or less is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, carrying 1 to 10 years in prison. Possession of one pound or more is a Class 1 felony with a mandatory minimum sentence. The law distinguishes between simple possession and possession with intent to distribute, which carries more severe penalties.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the Va. Code § 18.2-250.1 (official Virginia General Assembly website). Court procedures and forms can be found on the Fairfax County General District Court website.
Fairfax County Court Process for Marijuana Charges
Marijuana possession cases in Fairfax County begin at the General District Court at 4110 Chain Bridge Road. Prosecutors from the Commonwealth’s Attorney’s office handle these cases. A key local procedural fact is that first-time offenders may be eligible for a first-offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. An experienced cannabis arrest lawyer Fairfax County can handle this process effectively.
- Receive a summons or be arrested and taken before a magistrate.
- Attend your arraignment hearing at Fairfax County General District Court to enter a plea.
- Your attorney will review discovery (police reports, lab results) and file pre-trial motions if necessary.
- Negotiate with the prosecutor for a reduction, dismissal, or first-offender program.
- Proceed to a bench trial in General District Court or, if applicable, appeal for a jury trial in Circuit Court.
Penalties for Marijuana Possession in Fairfax County
In Fairfax County, simple marijuana possession (one ounce or less) is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine. Possession of more than one ounce escalates to a felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible DMV points | Criminal record, possible driver’s license suspension |
| Possession >1 oz & <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible DMV points | Felony record, loss of certain rights |
| Possession ≥ 1 lb | Class 1 Felony | Mandatory minimum | Discretionary | N/A | Severe felony penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Fairfax County Courts
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings over 120 years of combined legal experience to each case. We have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate. In Fairfax County specifically, we have 501 documented results, including 336 dismissals or not-guilty verdicts and 143 charges reduced or amended. Our founding attorney, Mr. Sris, is a former prosecutor with a background that provides a strategic advantage in constructing defenses.
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 for Drug Charges in Fairfax County
Our firm has achieved numerous favorable outcomes for clients facing drug-related charges in Fairfax County. For example, we have secured nolle prosequi (dismissals) for charges like “No Registration Card/License in Possession,” which often arise from traffic stops that lead to drug investigations. In another case, a charge of “Driving Under Revocation/Suspension” was amended to a lesser, non-drug-related offense. These results demonstrate our approach to minimizing consequences.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on many criminal cases is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute, bringing deep legal insight to case strategy.
Cannabis Possession Lawyer Near Fairfax County
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve clients at the Fairfax County General District Court. We are a local cannabis possession lawyer Fairfax County residents can rely on for accessible representation in communities like Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, and Annandale.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct
Fairfax, VA 22032
By appointment only.
FAQs: Marijuana Charge Defense Lawyer Fairfax County
Is marijuana possession a felony in Virginia?
It depends on the amount. Possession of one ounce or less is a misdemeanor. Possession of more than one ounce is a felony under Va. Code § 18.2-250.1.
Can I get a first-offender deal for marijuana in Fairfax County?
Yes. First-time offenders charged with simple possession may qualify for a first-offender program under Va. Code § 19.2-303.2, which can result in dismissal after meeting court conditions.
Will a marijuana charge appear on my background check?
Yes, a conviction will create a public criminal record. An expungement may be possible only if the charge is dismissed or you are found not guilty. A marijuana charge defense lawyer Fairfax County can advise on your specific record.
Can the police search my car if they smell marijuana?
In Virginia, the odor of marijuana alone may provide probable cause for a search. However, a skilled cannabis arrest lawyer Fairfax County can challenge the basis of the stop and the legality of the search in court.
What should I do if I’m arrested for marijuana possession?
Remain silent and request an attorney immediately. Do not discuss the case with anyone until you have spoken with a lawyer. Contact a defense firm like ours for a 24/7 consultation to protect your rights from the start.
For more information on related legal issues, see our pages on Virginia criminal defense, Fairfax City criminal lawyer, and Fairfax County DUI lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.