Marijuana Possession Lawyer Stafford County — What Are Your Defense Options?
Simple marijuana possession in Stafford County 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 marijuana possession lawyer Stafford County from Law Offices Of SRIS, P.C. can challenge the evidence and seek alternatives like a first-offender program.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana. Under Va. Code § 18.2-250.1, possession of up to one ounce by a person 21 or older is a civil penalty with a $25 fine. However, possession of more than one ounce is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. Possession with intent to distribute is a felony. The law is complex, and charges often hinge on the amount, packaging, and circumstances of the stop.
Last verified: April 2026 | Stafford County 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). Court information and procedures can be found on the Stafford County General District Court website.
Defending a Marijuana Charge in Stafford County
Prosecutors in Stafford County General District Court handle numerous drug cases. A key local procedural fact is the availability of first-offender programs under Va. Code § 18.2-251 for eligible defendants, which can lead to dismissal upon completion. The specific facts of your stop and search are often the most critical part of your defense. An experienced cannabis charge defense lawyer Stafford County will scrutinize the legality of the police encounter.
- Initial Consultation: Contact a marijuana arrest lawyer Stafford County immediately after being charged to discuss the specifics of your case and the police report.
- Case Review: Your attorney will obtain all evidence, including body cam footage and lab reports, to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence if the search or seizure violated your Fourth Amendment rights.
- Negotiation & Strategy: Advocate for dismissal, reduction to a civil offense, or entry into a first-offender diversion program based on the evidence and your background.
- Trial Preparation: If a favorable plea cannot be reached, prepare to present a vigorous defense at trial in Stafford County General District Court.
Potential Penalties for Marijuana Possession
In Stafford County, simple possession of more than one ounce of marijuana is a Class 1 misdemeanor with penalties of up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (age 21+) | Civil Violation | None | $25 | None | No criminal record |
| Possession > 1 oz (1st offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record |
| Possession > 1 oz (2nd+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record |
| Possession with Intent to Distribute | Felony (Class 5 or higher) | 1-10 years | Up to $2,500 | Mandatory 6-month suspension | Felony record, severe long-term impacts |
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 legal experience to every case. Our firm-wide record includes over 4,739 case results with a 93%+ favorable outcome rate. We understand the immediate and long-term consequences a marijuana charge can have on your employment, education, and driving privileges. Our approach is direct and focused on protecting your 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
Documented Case Results
Our team has a documented history of achieving positive results in drug cases. For example, we have successfully had charges of distribution of marijuana amended down to simple possession. In other cases, we have secured outright dismissals by challenging the legality of traffic stops and searches. Mr. Sris, our managing attorney and former prosecutor, provides strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Stafford County Marijuana Defense Lawyers
Our Fairfax location serves clients at the Stafford County General District Court (1300 Courthouse Road). We are your local marijuana possession lawyer near Stafford County, serving Stafford, Aquia Harbour, and Brooke. 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, United States
By appointment only.
Marijuana Possession Defense FAQs
Is marijuana possession a felony in Virginia?
No, simple possession of marijuana is not a felony for first-time offenders. Possession of more than one ounce is a Class 1 misdemeanor. However, possession with intent to distribute is a felony.
Can I get a marijuana possession charge expunged in Stafford County?
It depends. Virginia allows expungement for charges that result in an acquittal, dismissal, or nolle prosequi (Va. Code § 19.2-392.2). If you complete a first-offender program successfully and the charge is dismissed, you may petition the Stafford County Circuit Court for an expungement.
Will I go to jail for a first-time marijuana possession charge?
Not necessarily. For a first offense of possession over one ounce, the court has discretion to impose up to 30 days in jail. However, with an effective cannabis charge defense lawyer Stafford County, the goal is often to avoid jail through diversion programs, reduced charges, or alternative sentencing.
What should I do if I’m arrested for marijuana possession in Stafford County?
First, remain silent and request a lawyer. Do not discuss the case with anyone. Then, contact a marijuana arrest lawyer Stafford County immediately. An attorney can begin building your defense, challenging the evidence, and working to protect your rights from the very start of the process.
How can a lawyer help with a simple possession case?
A lawyer can challenge the legality of the stop and search, negotiate for a reduction or diversion program, and represent you at trial. Even a “simple” charge can have serious consequences, making skilled representation from a marijuana possession lawyer Stafford County crucial.
Related Legal Services in Stafford County
If you are facing other charges, our firm provides full representation. You may need a DUI lawyer in Stafford County or a criminal defense lawyer in Fairfax County. For all Virginia drug crime defense, visit our Virginia criminal defense hub page.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.