Marijuana Possession Lawyer Chesapeake — What Are Your Defense Options?
Marijuana possession in Chesapeake 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 documented results defending cannabis charges in Chesapeake courts. A skilled marijuana possession lawyer Chesapeake can challenge evidence and seek dismissal or reduction. Contact us 24/7 for a consultation by appointment.
Virginia Marijuana Possession Law
Simple possession of marijuana in Virginia is defined under Va. Code § 18.2-250.1. The law prohibits knowingly possessing marijuana without a valid prescription. The statute distinguishes between simple possession and possession with intent to distribute, with the latter carrying significantly harsher penalties. The definition hinges on the amount possessed and the presence of evidence suggesting distribution, such as scales, baggies, or large sums of cash.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings deep knowledge of Virginia’s drug laws and local court procedures.
Official Legal Resources
For the official text of the statute, refer to Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information and procedures for Chesapeake can be found at the Chesapeake General District Court website.
Local Court Process for Marijuana Charges
In Chesapeake, all misdemeanor marijuana possession cases begin at the Chesapeake General District Court at 307 Albemarle Drive. Prosecutors here routinely review police reports for procedural errors in search and seizure, which a cannabis charge defense lawyer Chesapeake can exploit. The court offers first-offender programs under Va. Code § 19.2-303.2 for eligible defendants.
- You will be issued a summons or arrested, with an initial court date set.
- At your arraignment in Chesapeake GDC, you will enter a plea of guilty, not guilty, or no contest.
- Your attorney will file pre-trial motions, often challenging the stop or search under the Fourth Amendment.
- If a plea agreement is not reached, your case will proceed to a bench trial before a judge in GDC.
- You have an absolute right to appeal a guilty finding to the Chesapeake Circuit Court for a new jury trial.
Penalties for Marijuana Possession in Chesapeake
In Chesapeake, simple possession of marijuana is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500, plus a mandatory six-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Marijuana (first offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Criminal record, possible drug education |
| Possession of Marijuana (subsequent offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Enhanced penalties, no first-offender eligibility |
| Possession with Intent to Distribute | Felony (Class 5 or higher) | 1-10 years+ | Up to $2,500+ | 6-month mandatory suspension | Felony record, severe long-term consequences |
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 and brings over 120 years of combined legal experience to every case. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how the other side builds cases. We have secured documented favorable outcomes for clients facing drug charges in Chesapeake and across Virginia.
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 result in Chesapeake: 1 dismissed/not guilty outcome for a client facing criminal charges. Firm-wide, we have handled 4,739+ cases with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC. For instance, in Fairfax County, we have successfully amended charges of distribution of marijuana down to simple possession. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Marijuana Possession Defense Near Chesapeake
Our Richmond location serves clients at the Chesapeake courts. We are accessible via I-64, I-464, and Route 168. If you need a marijuana arrest lawyer Chesapeake near the Chesapeake City Hall or Greenbrier area, we can help. We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a misdemeanor in Chesapeake, Virginia?
A Class 1 misdemeanor in Chesapeake carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases are heard at Chesapeake General District Court.
Can marijuana charges be expunged in Chesapeake, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Chesapeake Circuit Court. First-offense marijuana possession may qualify for dismissal through a first-offender program, after which expungement may be possible.
How does bail work for a marijuana arrest in Chesapeake?
After a marijuana arrest in Chesapeake, a magistrate sets bond. Personal recognizance (no payment) is common for first-offense simple possession. A secured bond (requiring a bail bondsman) is more typical if there are additional charges or a prior record. Bond can be appealed to Chesapeake General District Court.
Do I need a lawyer for a simple marijuana possession charge?
Yes. Even a simple possession charge in Chesapeake is a Class 1 misdemeanor carrying up to 12 months in jail, a permanent criminal record, and a mandatory driver’s license suspension. A marijuana possession lawyer Chesapeake can challenge the evidence and seek alternatives like dismissal or a first-offender program.
What is the difference between GDC and Circuit Court for my case?
Chesapeake General District Court (GDC) handles misdemeanor marijuana possession trials and felony preliminary hearings. Chesapeake Circuit Court handles felony jury trials and all appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Internal Links: For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in nearby areas like Henrico County and with related issues such as DUI/DWI in Chesapeake.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.