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Marijuana Possession Lawyer Lexington | SRIS, P.C.

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Marijuana Possession Lawyer Lexington

Marijuana Possession Lawyer Lexington — What Are Your Defense Options?

Simple marijuana possession in Lexington 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 documented results defending cannabis charges in Lexington General District Court.

Last verified: April 2026 | Lexington General District Court | Virginia General Assembly

Virginia Marijuana Possession Law

Virginia law classifies simple possession of marijuana (one ounce or less) as a Class 1 misdemeanor. The statute, Va. Code § 18.2-250.1, outlines the penalties and provides for a first-offender conditional discharge program. 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. Understanding these distinctions is critical for building an effective defense strategy with a marijuana possession lawyer Lexington.

Official Legal Resources

For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court procedures and local rules for Lexington cases can be found on the Lexington General District Court website.

Defending a Marijuana Charge in Lexington Court

In Lexington General District Court, prosecutors must prove you knowingly and intentionally possessed marijuana. A common defense involves challenging the legality of the traffic stop or search that led to the discovery. If the officer lacked probable cause or reasonable suspicion, the evidence may be suppressed. The court also considers diversion programs for first-time offenders under Va. Code § 18.2-251.

  1. Initial Consultation: Contact a marijuana arrest lawyer Lexington immediately after being charged to discuss the specifics of your case and police interaction.
  2. Case Review: Your attorney will obtain the police report, witness statements, and lab analysis to identify weaknesses in the prosecution’s case.
  3. Motion Filing: If the search was unconstitutional, your lawyer can file a motion to suppress the evidence, which may lead to the charge being dropped.
  4. Negotiation or Trial: Your attorney will negotiate for a reduction, diversion, or dismissal. If a fair plea cannot be reached, they will prepare for a bench trial in Lexington GDC.

Penalties for Marijuana Possession in Lexington

In Lexington, a first-offense marijuana possession charge is a Class 1 misdemeanor punishable by up to 30 days in jail and a fine of up to $500, with higher penalties for subsequent offenses or larger amounts.

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 Up to 12 months Up to $2,500 Mandatory 6-month suspension Permanent criminal record
Possession > 1 oz Class 5 Felony 1-10 years (or up to 12 months) Up to $2,500 Mandatory 6-month suspension Felony record, loss of firearm rights

Results may vary. Prior results do not guarantee a similar outcome.

Our Experience with Drug Charges

Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper who understand how these cases are built from both sides. We have successfully defended clients against marijuana possession and distribution charges across Virginia, including in Lexington. Our approach involves a detailed analysis of the stop, search, seizure, and lab procedures to protect your rights and future.

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 a documented history of achieving favorable outcomes in drug cases. For example, we have successfully negotiated the amendment of felony distribution charges down to simple misdemeanor possession, avoiding mandatory minimum sentences and felony records for our clients. In other cases, we have secured outright dismissals after filing motions to suppress illegally obtained evidence.

Results may vary. Prior results do not guarantee a similar outcome.

7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States

Contact Our Lexington Marijuana Defense Lawyers

Our Richmond location serves clients facing charges at Lexington General District Court. We are accessible via I-64 and I-81. If you need a cannabis charge defense lawyer Lexington, contact us 24/7 for a phone consultation. Meetings are by appointment only.

Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.

Frequently Asked Questions

What is the penalty for a first-time marijuana possession charge in Lexington?

A first offense for possessing one ounce or less is a Class 1 misdemeanor, punishable by up to 30 days in jail and a $500 fine. The court often offers a first-offender diversion program under Va. Code § 18.2-251, which can result in dismissal after completing community service and drug education.

Can I get a marijuana possession charge expunged in Virginia?

It depends. If the charge is dismissed after completing a first-offender program, you can petition for expungement under Va. Code § 19.2-392.2. A conviction for marijuana possession, however, generally cannot be expunged from your Virginia criminal record, making a strong defense with a marijuana possession lawyer Lexington critical from the start.

Will I lose my driver’s license for a marijuana possession charge?

Yes, likely. Va. Code § 18.2-259.1 mandates a six-month driver’s license suspension for any drug conviction, including misdemeanor marijuana possession. For a first offense, the court may grant a restricted license for certain purposes like work or school. A second offense carries a mandatory suspension with no restricted license available.

What’s the difference between possession and possession with intent to distribute?

The prosecution must prove intent to sell, give, or distribute. Factors include the amount of marijuana, packaging materials, scales, large amounts of cash, or text messages. Possession with intent is a much more serious felony charge. An experienced marijuana arrest lawyer Lexington can fight the intent element to reduce the charge to simple possession.

Do I need a lawyer for a simple marijuana possession charge?

Yes. Even a misdemeanor conviction creates a permanent criminal record affecting employment, housing, and education. A lawyer can seek diversion to avoid a conviction, challenge illegal searches, and negotiate for the best possible outcome. The SRIS team includes former prosecutor Kristen Fisher, who provides insight into case strategy.

Internal Resources

For more information on criminal defense in Virginia, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County. If you are facing other charges in Lexington, explore our related services: DUI/DWI Lawyer Lexington and Reckless Driving Lawyer Lexington.

Information updated as of April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.

Attorney advertising. Prior results do not guarantee a similar outcome.

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Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.