Marijuana Possession Lawyer New Kent County — What Are Your Defense Options?
Simple marijuana possession in New Kent 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 conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. has documented results defending cannabis charges in Virginia.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana. The specific statute is Va. Code § 18.2-250.1. Possession of up to one ounce by a person 21 years or older is a civil violation punishable by a $25 fine. However, possession of more than one ounce but less than one pound is a Class 1 misdemeanor. Possession of one pound or more is a felony. For individuals under 21, any amount is a criminal offense. The law is complex, and the specific penalties depend on the amount, prior record, and whether there was an intent to distribute.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Resources & Court Information
Understanding the official process is critical. Charges are prosecuted by the New Kent County Commonwealth’s Attorney and heard at the New Kent County General District Court (12001 Courthouse Circle). The official state statutes are maintained by the Virginia Legislative Information System.
Local Defense Strategy for New Kent County
In New Kent County, prosecutors handle marijuana possession cases routinely. A key local procedural fact is the availability of first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. The court at 12001 Courthouse Circle handles all misdemeanor trials. An effective cannabis charge defense lawyer New Kent County will examine the legality of the stop, the search and seizure, chain of custody for the evidence, and potential constitutional violations.
- Secure legal representation immediately after arrest or receiving a summons.
- Your attorney will file for discovery to review the prosecution’s evidence.
- Evaluate defense motions, such as to suppress illegally obtained evidence.
- Negotiate with the Commonwealth’s Attorney for a reduction or alternative disposition.
- Prepare for trial if a satisfactory plea cannot be reached.
- If convicted, explore expungement eligibility after the waiting period.
Potential Penalties for Marijuana Possession in Virginia
In New Kent County, marijuana possession penalties escalate based on amount and prior offenses, ranging from a civil fine to felony imprisonment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (21+) | Civil Violation | None | $25 | None | No criminal record |
| Possession >1 oz – <1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible DMV points | Permanent criminal record |
| Possession ≥ 1 lb | Class 5 Felony | 1-10 years* | Up to $2,500 | N/A | Felony record, loss of rights |
| Subsequent Offense (>1 oz) | Class 1 Misdemeanor | Mandatory min. 30 days | Up to $2,500 | Possible suspension | Enhanced penalties |
*Or in the discretion of the jury, confinement in jail for up to 12 months and a fine of up to $2,500.
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 local New Kent County court system and the strategies that prosecutors use. 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 Experience
Our team has a documented history of achieving positive results in drug cases. For example, in Fairfax County GDC, we have successfully had charges of distribution/PWI of marijuana amended down to simple possession. In another instance, in Bedford County, an underage alcohol possession charge was dismissed after completion of community service. 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.
Local Defense Near You
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and Route 33. If you are searching for a marijuana possession lawyer near New Kent County or near Colonial Downs, we are here to help. We serve the communities of New Kent, Providence Forge, and Quinton.
Available 24/7: Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Richmond Location: 7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
By appointment only.
Frequently Asked Questions
What is the penalty for a first-time marijuana possession charge in New Kent County?
It depends on the amount. Possession of more than one ounce but less than one pound is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. For a first offense, the court often considers alternatives like first-offender programs.
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Expungement is available for acquittals, dismissals, and nolle prosequi (dropped charges) under Va. Code § 19.2-392.2. Most convictions cannot be expunged. A first-offender dismissal may qualify. The petition is filed in the circuit court where the charge was finalized.
Do I need a lawyer for a simple possession charge?
Yes. Even a misdemeanor carries potential jail time and creates a permanent criminal record that can affect employment, housing, and education. A cannabis charge defense lawyer New Kent County can challenge the evidence, negotiate for reduced penalties, or seek a dismissal through a first-offender program.
What’s the difference between possession and possession with intent to distribute?
Possession with intent (PWID) is a much more serious felony charge, based on factors like the amount of drugs, packaging materials, scales, large amounts of cash, or statements. A marijuana arrest lawyer New Kent County will fight to keep a possession case from being elevated to a PWID charge.
What should I do if I’m arrested for marijuana possession?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone but your attorney. Contact a defense firm like ours for a 24/7 consultation. We will guide you through the bond process and begin building your defense strategy for your New Kent County court date.
Internal Resources: For more information, see our Virginia Criminal Defense hub, or learn about DUI defense in New Kent County. We also assist clients in Henrico County.
Page Last verified: 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.