Cannabis Possession Lawyer Falls Church — What Are Your Defense Options?
Simple marijuana possession in Falls Church is a 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 6 documented results in Falls Church: 5 dismissed/not guilty, 1 reduced/amended.
Virginia Marijuana Possession Law
Under Virginia law, simple possession of marijuana (one ounce or less) is a Class 1 misdemeanor. The statute, Va. Code § 18.2-250.1, outlines the penalties and defines possession as having the substance on your person or under your dominion and control. 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.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
Official Resources & Court Information
For the official text of the law, refer to the Virginia Code § 18.2-250.1. All misdemeanor marijuana possession cases in Falls Church are heard at the Falls Church General District Court located at 300 Park Avenue, Suite 151W.
Local Defense Strategy for Falls Church Court
In Falls Church General District Court, prosecutors often offer first-time offenders the chance to enter a first-offender program under Va. Code § 18.2-251. Successfully completing the program results in dismissal of the charge. A key local procedural fact is that the court requires strict compliance with program terms. A cannabis arrest lawyer Falls Church can negotiate for this disposition or, if the case proceeds, challenge the evidence based on an unlawful search or seizure, which is a common defense in possession cases.
- Initial Consultation: Contact a cannabis possession lawyer Falls Church immediately after arrest to discuss the details of your stop and search.
- Case Review: Your attorney will obtain the police report, body cam footage, and lab analysis to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence if the search violated your Fourth Amendment rights.
- Negotiation or Trial: Negotiate for a first-offender dismissal or reduced charge. If no favorable offer is made, prepare for a bench trial before the judge.
Penalties for Marijuana Possession in Falls Church
In Falls Church, simple marijuana possession (one ounce or less) is a Class 1 misdemeanor punishable by up to 30 days in jail and a fine of up to $500, with mandatory minimum penalties applying for subsequent offenses or possession in certain locations like school grounds.
| 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 | Mandatory min. 5 days | Up to $1,000 | Possible 6-month suspension | Criminal record, mandatory drug treatment |
| Possession > 1 oz | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible 6-month suspension | Felony record, loss of rights |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local court procedures and prosecution strategies in Falls Church, allowing us to build the most effective defense for your marijuana charge.
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
Documented Case Results in Falls Church
Our firm has documented results in Falls Church courts. In one case, a charge for Operating an Uninsured Vehicle was nolle prossed (dismissed) in Falls Church General District Court. While every case is unique, this result demonstrates our active work in this jurisdiction. For marijuana possession defense, having an experienced cannabis arrest lawyer Falls Church is critical to protecting your record and future.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Near You
Our Fairfax location serves clients at the Falls Church courts. We are accessible via Route 7, Route 29, I-66, and I-495. If you are searching for a “marijuana charge defense lawyer Falls Church near me,” we are here to help. We serve the communities of Falls Church. 24/7 phone consultations are available — meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
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 is a Class 5 felony under Va. Code § 18.2-250.1, punishable by 1-10 years in prison (or up to 12 months at the jury’s discretion).
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Virginia allows expungement for acquittals, dismissals (nolle prosequi), and cases where you complete a first-offender program. Most convictions cannot be expunged. The petition is filed in the Falls Church Circuit Court.
Will I go to jail for a first-time marijuana possession charge?
Not necessarily. For a first offense of possessing one ounce or less, jail time is possible but not mandatory. The court often offers a first-offender program resulting in dismissal. An experienced marijuana charge defense lawyer Falls Church can advocate for this outcome.
What should I do if I’m arrested for cannabis possession in Falls Church?
Remain silent and request an attorney immediately. Do not discuss the case with anyone. Contact a cannabis possession lawyer Falls Church as soon as possible to begin building your defense, focusing on the circumstances of your stop and search.
Can the police search my car if they smell marijuana?
Virginia law has changed. The odor of marijuana alone no longer provides probable cause for a vehicle search. However, if the officer observes other evidence of a crime, a search may be justified. This is a key area for legal challenge.
Related Legal Services: If you are facing other charges, our firm also provides representation for DUI, reckless driving, and other criminal defense matters across Virginia, including neighboring Fairfax.
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. for a consultation.