Cannabis Possession Lawyer Fauquier County — What Are Your Defense Options?
Simple marijuana possession in Fauquier County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. provides a strong defense for clients facing charges at the Fauquier County General District Court. Our cannabis possession lawyer Fauquier County team offers 24/7 consultations.
Virginia Marijuana Possession Law
Virginia law prohibits the knowing or intentional possession of marijuana without a valid prescription. The statute, Va. Code § 18.2-250.1, defines the offense and its penalties. Possession of any amount up to one ounce is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, punishable by 1 to 10 years in prison. The law provides for a first-offender program under § 18.2-251, which can lead to dismissal upon successful completion.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the Virginia marijuana possession statute, visit the Virginia Code § 18.2-250.1. For information on Fauquier County court procedures, see the Fauquier County General District Court website.
Defending a Marijuana Charge in Fauquier County
Fauquier County prosecutors actively pursue marijuana possession cases at the General District Court on 6 Court Street in Warrenton. A strong defense often challenges the legality of the search or seizure that found the marijuana. Police must have probable cause or a valid warrant; evidence obtained illegally can be suppressed. For first-time offenders, our cannabis arrest lawyer Fauquier County team frequently seeks a deferred disposition under § 18.2-251, which requires meeting court conditions for dismissal.
- Contact a cannabis possession lawyer Fauquier County immediately after arrest or receiving a summons.
- Your attorney will review the police report and evidence for constitutional violations.
- Attend your arraignment at Fauquier County General District Court to enter a plea.
- Your lawyer will negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or first-offender program.
- If no favorable plea is reached, prepare for a bench trial before a judge.
Penalties for Marijuana Possession in Fauquier County
In Fauquier County, simple marijuana possession is a Class 1 misdemeanor with a maximum penalty of 12 months in jail and a $2,500 fine, plus a 6-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Permanent criminal record |
| Possession >1 oz & <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month mandatory suspension | Felony record, loss of rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Charges
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. Our team understands the local court procedures and prosecution strategies in Fauquier County. We provide a case-specific approach to defending marijuana charges, from challenging evidence to securing alternative resolutions.
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 documented results in Fauquier County, including cases where charges were reduced or amended to achieve a favorable outcome. In one instance, a client facing a possession charge had the charge amended to a non-criminal offense following successful negotiation. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex criminal matters, Mr. Sris, is a former prosecutor with multi-state bar admissions who founded the firm and maintains a strategic role in case oversight.
Law Offices Of SRIS, P.C. — Serving Fauquier County
Address: 4008 Williamsburg Ct, Fairfax, VA 22032, United States
Phone: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Availability: 24/7 phone consultations. Meetings by appointment only.
Service Area: Our Fairfax location represents clients in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. We are accessible via I-66, Route 29, and Route 17.
If you need a marijuana charge defense lawyer Fauquier County, contact us for a consultation.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186).
Can criminal charges be expunged in Fauquier County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fauquier County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fauquier County General District Court.
Do I need a criminal defense lawyer in Fauquier County, Virginia?
Yes. Criminal charges in Fauquier County are prosecuted by the Commonwealth’s Attorney and heard at Fauquier County General District Court. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court handles misdemeanor trials and felony preliminary hearings. Fauquier County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Related Legal Information
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Fairfax County. If you are facing other charges, consider our Fauquier County DUI Lawyer or Fauquier County Family Lawyer services.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.