Cannabis Possession Lawyer Colonial Heights — What Are Your Defense Options?
Simple possession of marijuana in Colonial Heights 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. A cannabis possession lawyer Colonial Heights from Law Offices Of SRIS, P.C. can challenge the legality of the search, the substance’s identity, or seek a first-offender dismissal.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid medical prescription. 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. A second or subsequent offense, or possession of more than one ounce but less than one pound, is a Class 1 misdemeanor with mandatory minimum penalties. Possession of one pound or more is a felony.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-250.1 (official Virginia General Assembly website). Court information is available at the Colonial Heights General District Court website.
Defending a Marijuana Charge in Colonial Heights
A marijuana charge defense lawyer Colonial Heights examines several key areas. The prosecution must prove you knowingly and intentionally possessed a substance that is, in fact, marijuana. Common defenses include challenging the legality of the stop or search that led to the discovery, questioning whether the substance was properly tested and identified, or arguing you lacked knowledge of its presence.
- Initial Consultation: Contact a cannabis arrest lawyer Colonial Heights immediately after charge or arrest to discuss the facts and potential defenses.
- Case Review: Your attorney will obtain police reports, lab analysis, and other discovery to identify weaknesses in the prosecution’s case.
- Motion Filing: If the evidence was obtained through an unlawful search, your lawyer can file a motion to suppress, seeking to have it thrown out.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction, diversion, or dismissal, or prepare for trial if necessary.
Penalties for Marijuana Possession in Colonial Heights
In Colonial Heights, a first-offense marijuana possession charge carries up to 30 days in jail and a $500 fine, with potential driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (≤ 1 oz) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | 6-month suspension possible | Criminal record |
| Second Offense (≤ 1 oz) | Class 1 Misdemeanor | Mandatory 5-30 days | $250-$2,500 | 6-month suspension mandatory | Enhanced penalties |
| Possession (1 oz – 1 lb) | Class 1 Misdemeanor | Mandatory 5-30 days | $250-$2,500 | 6-month suspension mandatory | Felony threshold |
| Possession (≥ 1 lb) | Class 5 Felony | 1-10 years | Up to $2,500 | Loss of driving privileges | Felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, providing a combined 120+ years of legal experience. We have handled firm-wide 4,739+ cases with a 93%+ favorable outcome rate. Our approach is case-specific, focusing on the details of your arrest and the evidence against you.
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 and Client Outcomes
In Colonial Heights, our firm has documented case results across all practice areas. For example, our team has successfully argued for the dismissal of charges where the search violated the Fourth Amendment. In other cases, we have secured first-offender dispositions for clients, resulting in no conviction upon completion of court-ordered terms. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Colonial Heights Cannabis Possession Lawyer
Our Richmond location serves clients in Colonial Heights. We are accessible via I-95 and Route 1. If you need a cannabis possession lawyer near Colonial Heights General District Court or Southpark Mall, contact us for a consultation.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
24/7 phone consultations. We serve the Colonial Heights community.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
It depends. Possession of less than one pound is a misdemeanor. Possession of one pound or more is a Class 5 felony under Va. Code § 18.2-250.1, punishable by 1 to 10 years in prison.
Can I get a marijuana charge expunged in Colonial Heights?
Yes, but only under specific conditions. Virginia allows expungement if the charge is dismissed, you are found not guilty, or the prosecutor enters a nolle prosequi. A conviction for simple possession is generally not eligible for expungement under current law.
What is the first offender program for marijuana in Virginia?
Va. Code § 18.2-251 allows first-time offenders charged with simple possession to enter a diversion program. The court defers finding guilt, and upon successful completion of terms like community service, the charge is dismissed. A cannabis possession lawyer Colonial Heights can advise if you qualify.
Will I lose my driver’s license for a marijuana possession charge?
Yes, possibly. Va. Code § 18.2-259.1 mandates a six-month driver’s license suspension for any drug conviction, including misdemeanor marijuana possession. A second offense carries a mandatory suspension.
What should I do if I’m arrested for marijuana possession in Colonial Heights?
Remain silent and request an attorney immediately. Do not discuss the case with police. Contact a cannabis arrest lawyer Colonial Heights as soon as possible to begin building your defense and protect your rights.
Internal Links: For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Chesterfield County and Henrico County. For related legal issues in Colonial Heights, consider our DUI Lawyer or Traffic Lawyer services.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.