Cannabis Possession Lawyer Colonial Heights — What Are Your Defense Options?
Simple marijuana possession 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.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid medical cannabis certification. The specific statute is Va. Code § 18.2-250.1. The law distinguishes between simple possession and possession with intent to distribute, with the latter carrying significantly harsher penalties. For adults 21 and over, possession of up to one ounce is a civil violation with a $25 fine. Possession of more than one ounce but less than one pound by an adult is a Class 1 misdemeanor. Possession of any amount by someone under 21 remains a criminal offense.
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). Court information is available at the Colonial Heights General District Court website.
Defending a Marijuana Charge in Colonial Heights Court
Prosecutors at Colonial Heights General District Court must prove you knowingly and intentionally possessed marijuana. A cannabis arrest lawyer Colonial Heights can attack the case by showing the search was illegal, the substance wasn’t marijuana, or you lacked knowledge of it. The court may offer a first-offender program under Va. Code § 18.2-251 for eligible defendants, which can lead to dismissal after meeting certain conditions.
- Initial Consultation: Contact a cannabis possession lawyer Colonial Heights immediately after arrest or receiving a summons.
- Case Review: Your attorney will obtain police reports, lab analysis (if any), and review the stop and search details.
- Defense Strategy: Develop a strategy, which may include filing a motion to suppress evidence if the search was unconstitutional.
- Court Appearances: Your lawyer will represent you at all hearings in Colonial Heights General District Court.
- Resolution: Work toward the best outcome, whether dismissal, reduction, first-offender program, or trial.
Penalties for Marijuana Possession in Colonial Heights
In Colonial Heights, penalties for marijuana possession depend on the amount, age of the defendant, and prior record, ranging from a civil fine to jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (Adult 21+) | Civil Violation | None | $25 | None | No criminal record |
| Possession >1 oz, <1 lb (Adult) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record |
| Any Possession (Under 21) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Mandatory 6-month suspension | Criminal record, substance abuse program |
| Second/Subsequent Offense | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month suspension | Enhanced penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Colonial Heights Criminal 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 thousands of criminal cases across Virginia, including drug offenses in Colonial Heights. We understand the local court procedures and work 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 record of favorable outcomes in criminal cases. In one instance, a charge for possession of a controlled substance was dismissed after our attorney successfully argued a motion to suppress evidence. In another, a client facing multiple charges, including drug possession, received a significantly reduced sentence after negotiations.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Near You
Our Richmond location serves clients in Colonial Heights. We are familiar with the Colonial Heights General District Court at 550 Boulevard. We also serve surrounding communities like Chesterfield and Henrico. For a marijuana charge defense lawyer Colonial Heights, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Colonial Heights, VA?
No. Simple possession of marijuana for personal use is typically a misdemeanor in Virginia. However, possession with intent to distribute or possession of very large amounts can be charged as a felony.
Can I get a marijuana possession charge expunged in Virginia?
It depends. If the charge is dismissed, you are found not guilty, or the prosecution enters a nolle prosequi, you may petition for expungement under Va. Code § 19.2-392.2. Most convictions cannot be expunged, but first-offender dismissals may qualify.
Will I go to jail for a first-time marijuana possession charge?
For a first offense of simple possession, jail time is possible but not automatic. The court may impose probation, a fine, or a first-offender program. An experienced cannabis possession lawyer Colonial Heights can advocate for an alternative to incarceration.
What should I do if I’m arrested for marijuana possession in Colonial Heights?
Remain silent and request a lawyer immediately. Do not discuss the case with anyone until you have spoken with an attorney. Contact a cannabis arrest lawyer Colonial Heights from our firm as soon as possible to begin building your defense.
Can the police search my car because they smell marijuana?
Virginia law has changed regarding the odor of marijuana alone as probable cause for a vehicle search. While it may still justify investigation, its sufficiency for a full search is now more limited and can be challenged. A skilled marijuana charge defense lawyer Colonial Heights can file a motion to suppress if the search was unlawful.
Related Legal Help in Colonial Heights
If you are facing other charges, our firm can help. We also handle DUI defense in Colonial Heights, criminal defense in Chesterfield County, and criminal cases across Virginia.
Page Last verified: April 2026. Laws change frequently. For current advice regarding your specific case, contact Law Offices Of SRIS, P.C.