Marijuana Possession Lawyer Fairfax County — What Are Your Defense Options?
Marijuana possession in Fairfax County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County. A skilled marijuana possession lawyer Fairfax County can challenge evidence and seek alternatives like first-offender programs. Contact us 24/7 for a consultation.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid medical prescription. The specific statute is Va. Code § 18.2-250.1. Possession of up to one ounce is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, punishable by 1 to 10 years in prison. The law distinguishes between simple possession and possession with intent to distribute, which carries more severe penalties.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia General Assembly website. Court procedures and forms for Fairfax County can be found on the Fairfax County General District Court website.
Defending a Marijuana Charge in Fairfax County
Prosecutors in Fairfax County General District Court often offer first-offender programs under Va. Code § 19.2-303.2 for eligible defendants. Successfully completing such a program can lead to a dismissal. A cannabis charge defense lawyer Fairfax County will scrutinize the legality of the search and seizure, as violations of the Fourth Amendment can result in suppressed evidence. The key local procedural fact is that the court at 4110 Chain Bridge Road handles all misdemeanor trials, and defendants have an absolute right to a jury trial in Circuit Court for any jail-time offense.
- Secure representation from a marijuana arrest lawyer Fairfax County immediately after charge or arrest.
- Your attorney will file a motion for discovery to review all police reports and lab analysis.
- Your lawyer will assess grounds to file a motion to suppress evidence if the search was unlawful.
- Negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or diversion program.
- Prepare for trial if a favorable plea agreement cannot be reached.
Potential Penalties for Marijuana Possession
In Fairfax County, simple marijuana possession (one ounce or less) is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record, employment issues |
| Possession >1 oz – <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Mandatory 6-month suspension | Felony record, loss of rights |
| 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 with Fairfax County Cases
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience. In Fairfax County, we have documented 501 criminal case results, with 336 dismissed or found not guilty and 143 reduced or amended to lesser charges. Our founding attorney has a background in accounting and information systems, providing a unique advantage in cases involving complex evidence.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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 in Fairfax County
Our documented results in Fairfax County include cases where distribution charges were amended to simple possession, resulting in significantly reduced penalties. In other instances, we have secured dismissals (nolle prosequi) for clients. Mr. Sris, our managing attorney, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax County Marijuana Possession Lawyers
Our Fairfax location serves clients at the Fairfax County courts. We are your local marijuana possession lawyer near Fairfax. We serve communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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.
FAQs: Marijuana Possession in Fairfax County
Is marijuana possession a felony in Virginia?
It depends on the amount. Possession of one ounce or less is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony under Va. Code § 18.2-250.1.
Can I get a marijuana possession charge expunged in Fairfax County?
Yes, but only under specific conditions. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A first-offense possession charge dismissed after a first-offender program may qualify. Most convictions cannot be expunged.
Will I go to jail for a first-time marijuana possession charge?
Not necessarily. For a first-time possession of one ounce or less, jail is possible but not automatic. Prosecutors in Fairfax County frequently offer diversion programs that can result in dismissal upon completion, avoiding jail time.
Do I need a lawyer for a simple possession ticket?
Yes. Even a misdemeanor carries up to 12 months in jail and creates a permanent criminal record. A cannabis charge defense lawyer Fairfax County can seek to have the charge dismissed, reduced, or handled through a diversion program to protect your record.
What is the difference between GDC and Circuit Court for a marijuana charge?
Fairfax County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Fairfax County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense carrying potential jail time.
Internal Resources
For more information, visit our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Falls Church and Prince William County. If you are facing other charges, explore our services as a Fairfax County DUI lawyer or reckless driving attorney.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your marijuana possession charge in Fairfax County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.