Cannabis Possession Lawyer Near Me

If you are searching for a cannabis possession lawyer near you, Law Offices Of SRIS, P.C. provides experienced defense representation for individuals facing cannabis-related charges across Virginia. Our firm serves clients throughout the Commonwealth—from Fairfax County and Arlington to Richmond, Tidewater, and the Shenandoah Valley. Founded in 1997 by Mr. Sris, a former prosecutor, we understand Virginia’s evolving cannabis laws and work to protect your rights, your record, and your future. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding Cannabis Possession Laws in Virginia

Virginia’s cannabis laws changed significantly on July 1, 2021, when the Commonwealth legalized adult possession of up to one ounce of marijuana. Possession of more than one ounce but less than four ounces is a civil violation subject to a fine of up to $25. Possession of more than four ounces remains a criminal offense and may be charged as a misdemeanor or felony depending on the quantity and surrounding circumstances. Public consumption of cannabis is still prohibited, and driving under the influence of cannabis is treated as a DUI under Virginia law.

A cannabis possession charge in Virginia is typically heard in the General District Court for the county or city where the alleged offense occurred. For felony-level possession with intent to distribute, or for cases involving large quantities, the matter may proceed to the Circuit Court. Courts across the state—from the Fairfax County General District Court to the Richmond Circuit Court—handle these cases, and the procedural requirements can vary by locality. Mr. Sris and the firm’s Of Counsel attorneys appear in courts statewide and are familiar with how local prosecutors and judges approach cannabis cases.

How the Firm Defends Cannabis Possession Cases

When you work with Law Offices Of SRIS, P.C., we begin by evaluating the facts of your case: the quantity of cannabis involved, the circumstances of the encounter with law enforcement, and whether any constitutional or procedural issues exist. Our defense approach is built on a thorough review of the evidence and a clear understanding of Virginia’s cannabis statutes. We examine whether the stop, search, or seizure complied with the Fourth Amendment, and we scrutinize whether the Commonwealth can prove each element of the charge beyond a reasonable doubt.

For many first-offense possession charges, Virginia law provides a deferred disposition option under the first-offender statute. When this path is appropriate, we work with the prosecutor and the court to structure terms that, once completed, may result in a dismissal of the charge. In cases where the evidence is contested, we prepare for trial and present a defense grounded in the specific facts. Every case is different, and we focus on achieving the most favorable resolution available under the law.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since founding the firm in 1997. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background gives him a detailed understanding of how the prosecution builds its case, which he applies to the defense of every client.

The firm’s Of Counsel attorneys are experienced litigators who handle criminal matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. They appear regularly in Virginia’s General District Courts and Circuit Courts, advocating for clients in cannabis possession cases and a wide range of other criminal matters. To discuss your situation with a member of our team, call (888) 437-7747.

Frequently Asked Questions

Is cannabis possession still illegal in Virginia?

Adults 21 and older may legally possess up to one ounce of cannabis in Virginia, but possessing more than one ounce remains subject to penalties. Possession between one and four ounces is a civil violation with a fine of up to $25. Possession over four ounces, or possession by someone under 21, is a criminal offense. Public consumption is also illegal. If you have been charged with cannabis possession, the specific charge depends on the amount, your age, and where the cannabis was found.

What are the possible penalties for a cannabis possession conviction in Virginia?

The penalties for cannabis possession in Virginia depend on the amount and your record. Possessing more than four ounces up to one pound is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Possession with intent to distribute more than one pound is a felony, with a possible sentence of one to 10 years for a Class 5 felony. A conviction also creates a criminal record that can affect employment, housing, and professional licensing.

Can a first-offense cannabis possession charge be dismissed?

Yes, Virginia law provides a deferred disposition for certain first-time drug possession offenses. Under the first-offender statute, if you are eligible, the court may place you on probation with conditions such as substance-abuse education, community service, and remaining drug-free. Upon successful completion of all conditions, the charge is dismissed, and you can petition to have the police and court records expunged. Eligibility is not automatic; we evaluate your case to determine whether this option is available.

Do I need a lawyer for a cannabis possession charge in Virginia?

While you are not legally required to have an attorney, the potential consequences of a cannabis conviction make legal representation strongly advisable. Even a misdemeanor conviction carries jail time and a permanent record. An experienced defense lawyer can identify procedural errors, negotiate with the prosecutor, explore diversion programs, and, when necessary, take your case to trial. The firm’s Of Counsel attorneys are familiar with how these cases are handled in Virginia courts and can help you understand your options.

How does the court process work for a cannabis possession charge in Virginia?

After an arrest or summons, your first court appearance is typically an arraignment in the General District Court for the jurisdiction where the alleged offense occurred. At arraignment, you are informed of the charge and can enter a plea. If you plead not guilty, the court sets a trial date. Misdemeanor trials are held in General District Court. Felony cases begin with a preliminary hearing in General District Court and may be certified to the Circuit Court for trial. The timeline varies based on the court’s calendar and the complexity of the case.

Can a cannabis possession charge be expunged in Virginia?

Yes, Virginia law allows expungement of police and court records for charges that ended in a dismissal, acquittal, or nolle prosequi. Convictions generally cannot be expunged. If your charge was dismissed after completing a first-offender program, you may be eligible to petition the Circuit Court in the county where the charge was heard to seal or expunge the record. The process requires filing a petition and may involve a hearing. We assist clients with expungement petitions when they qualify.

What should I do if I am facing a cannabis possession charge?

Contact a criminal defense attorney as soon as possible and avoid discussing the facts of your case with anyone other than your lawyer. Do not post about the charge on social media. Gather any documents related to the case, including the summons or warrant, and bring them to your consultation. An attorney can review the evidence, explain the potential outcomes, and begin building your defense immediately. Call (888) 437-7747 to reach Law Offices Of SRIS, P.C. and schedule a consultation.

Does the firm handle cannabis possession charges across all of Virginia?

Yes, the firm’s Of Counsel attorneys appear in courts throughout Virginia, including Northern Virginia, Richmond, Hampton Roads, the Shenandoah Valley, and Southside. Mr. Sris and the firm’s Of Counsel attorneys are admitted to practice in all Virginia state courts, from the General District Court to the Supreme Court of Virginia. Whether your case is in Fairfax County, Prince William County, Loudoun County, or any other locality, we can provide representation. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Virginia Primary Sources
Virginia Code Title 4.1 – Cannabis Control
Virginia Courts

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Consultation by appointment. The firm has locations in Fairfax, Richmond, Arlington, Ashburn, and Woodstock, Virginia; Rockville, Maryland; Tinton Falls, New Jersey; and Buffalo, New York. For a consultation, call (888) 437-7747.

Case results depend on a variety of factors unique to each case.