Cannabis Possession Lawyer Botetourt County — What Are Your Defense Options?
Simple marijuana possession in Botetourt County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. has 33 documented case results in Botetourt County.
Last verified: April 2026 | Botetourt County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law classifies simple possession of marijuana (cannabis) as a criminal offense. The specific charge and penalties depend on the amount and whether it is a first or subsequent offense. The statute governing this is Va. Code § 18.2-250.1. 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. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, provides strong defense against these charges.
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-250.1 (official Virginia General Assembly website). Court information for Botetourt County is available at the Botetourt County General District Court website.
Handling a Marijuana Charge in Botetourt County
If you are arrested for cannabis possession in Botetourt County, your case will begin at the Botetourt County General District Court at 20 E. Back Street in Fincastle. The Commonwealth’s Attorney prosecutes these cases. For first-time offenders, Virginia’s first offender program under Va. Code § 18.2-251 may offer a path to dismissal upon completion of terms like community service and drug education.
- Secure representation from a cannabis arrest lawyer Botetourt County immediately after arrest or receiving a summons.
- Your attorney will review the police report and evidence for constitutional violations or procedural errors.
- Attend your arraignment in Botetourt County General District Court and enter a plea guided by your lawyer.
- Your attorney will negotiate with the prosecutor for a reduction, dismissal, or entry into a first-offender program.
- If a favorable plea cannot be reached, prepare for a bench trial before the judge in GDC.
- If convicted in GDC, your attorney can file an appeal for a new trial in Botetourt County Circuit Court.
Penalties for Marijuana Possession in Virginia
In Botetourt County, simple possession of marijuana (one ounce or less) is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of 1 oz or less (first offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record, possible drug education |
| Possession of 1 oz or less (second+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Mandatory minimum $250 fine, criminal record |
| Possession of more than 1 oz but less than 1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record |
| Possession of 1 lb or more | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible 6-month suspension | Felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local procedures in Botetourt County courts and are committed to providing a strong, case-specific defense for every client.
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 Botetourt County
Our firm has a documented history of achieving positive results for clients in Botetourt County. We have 33 total documented case results across all practice areas in this locality with a 100% favorable outcome rate. For example, our team has successfully secured dismissals for charges like “No Registration Card/License in Possession” in other Virginia jurisdictions, demonstrating our approach to challenging procedural deficiencies.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Botetourt County
Our Shenandoah/Woodstock location serves clients at the Botetourt County courts in Fincastle, accessible via I-81 and Route 220. We are a cannabis possession lawyer Botetourt County residents can rely on, serving neighborhoods including Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
It depends on the amount. Possession of one ounce or less is a misdemeanor. Possession of one pound or more is a Class 5 felony under Va. Code § 18.2-250.1, punishable by 1-10 years in prison. Amounts between one ounce and one pound remain misdemeanors.
Can I get a first-offender deal for marijuana possession in Botetourt County?
Yes. Virginia’s first offender program under Va. Code § 18.2-251 is often available for first-time simple possession charges. Successful completion of terms like community service and drug education can lead to dismissal of the charge. A cannabis arrest lawyer Botetourt County can petition the court for this disposition.
Will I go to jail for a first-time marijuana possession charge?
It is possible but not guaranteed for a first offense. A Class 1 misdemeanor carries a maximum of 12 months in jail. However, many first-time offenders receive probation, a fine, or a first-offender dismissal. The outcome depends on the specifics of your case and the skill of your defense attorney.
Can a marijuana charge be expunged in Virginia?
Yes, under specific conditions. If your charge is dismissed, you are found not guilty, or the prosecutor enters a nolle prosequi, you can petition for expungement under Va. Code § 19.2-392.2. A dismissal through the first-offender program typically qualifies. Most convictions cannot be expunged.
Do I need a lawyer for a small amount of marijuana?
Yes. Even a misdemeanor conviction for simple possession creates a permanent criminal record that can affect employment, housing, and educational opportunities. A cannabis possession lawyer Botetourt County can work to have the charge reduced or dismissed, protecting your future.
Related Legal Help in Botetourt County
If you are facing other charges, our firm provides full representation. We also handle DUI defense in Botetourt County, family law matters, and reckless driving tickets. For more information on our statewide practice, visit our Virginia criminal defense hub page. We also serve neighboring areas like Shenandoah County and Augusta County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.