Marijuana Possession Lawyer Fairfax — What Are Your Defense Options?
Marijuana possession in Fairfax County is a criminal offense under Va. Code § 18.2-250.1, punishable by up to 30 days in jail and a $500 fine for a first offense. Law Offices Of SRIS, P.C. has documented results defending cannabis charges in Fairfax County General District Court.
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 with a $25 fine. However, possession of more than one ounce, or any amount by a person under 21, remains a criminal offense. For a first criminal offense, the penalty is up to 30 days in jail and a fine of up to $500. Subsequent offenses carry heavier penalties.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to the Virginia Code § 18.2-250.1. Court procedures and filing information 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 handle numerous marijuana cases. A key local procedural fact is the availability of a first-offender program under Va. Code § 18.2-251 for eligible defendants, which can lead to dismissal upon completion. The defense strategy for a cannabis charge defense lawyer Fairfax often focuses on the Fourth Amendment. If the police lacked probable cause for the stop or search, the evidence may be suppressed.
- Secure representation from a marijuana arrest lawyer Fairfax immediately after the charge.
- Your attorney will file a motion for discovery to review the police report and evidence.
- A motion to suppress evidence may be filed if the search or seizure was unlawful.
- Negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or first-offender program.
- Prepare for trial if a favorable plea agreement cannot be reached.
Potential Penalties for Marijuana Possession
In Fairfax County, criminal marijuana possession carries penalties ranging from a fine to jail time, with severity increasing for repeat offenses or larger amounts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of 1 oz or less (21+) | Civil Violation | None | $25 | None | Civil penalty only |
| 1st Offense (>1 oz or under 21) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible DMV points | Criminal record |
| 2nd Offense | Class 1 Misdemeanor | Up to 1 year | Up to $2,500 | Possible suspension | Enhanced penalties |
| Possession with Intent to Distribute | Felony | 1-10 years | Variable | License suspension | Felony record |
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 brings over 120 years of combined legal experience to every case. We have a documented record of handling marijuana possession cases in Fairfax County. Our approach involves a detailed review of police procedures and evidence to identify the strongest defense path for your situation.
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
Our firm has achieved favorable outcomes in Fairfax County marijuana cases. For example, we have successfully had charges amended from distribution to simple possession, and secured dismissals for clients eligible for first-offender programs. In one instance, a distribution charge was amended to simple possession after challenging the evidence of intent.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His multi-state experience and background in financial systems add depth to our defense strategies.
Contact Our Fairfax Marijuana Possession Lawyers
Our Fairfax location at 4008 Williamsburg Ct, Fairfax, VA 22032 serves clients throughout Fairfax County. We are accessible from major highways and serve neighborhoods including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 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
By appointment only.
Frequently Asked Questions
Is marijuana possession a crime in Fairfax, Virginia?
It depends. Possession of one ounce or less by a person 21 or older is a civil violation with a $25 fine. Possession of more than one ounce, or any amount by someone under 21, is a criminal misdemeanor under Va. Code § 18.2-250.1, punishable by jail time and a larger fine.
Can I get a marijuana charge expunged in Fairfax County?
Yes, but only under specific conditions. Virginia law allows expungement if the charge is dismissed, you are found not guilty, or the prosecution enters a nolle prosequi. Successful completion of a first-offender program typically results in a dismissal, which may then make you eligible to petition for expungement in Fairfax County Circuit Court.
What is the first-offender program for marijuana in Virginia?
Virginia’s first-offender program, under Va. Code § 18.2-251, allows eligible first-time offenders to have charges dismissed upon completion of court-ordered terms like drug education, community service, and probation. A marijuana possession lawyer Fairfax can advise if you qualify and help guide you through the process to seek this outcome.
Should I hire a lawyer for a simple marijuana possession charge?
Yes. Even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, and educational opportunities. A cannabis charge defense lawyer Fairfax can work to have the charge dismissed, reduced, or diverted to a first-offender program, protecting your record and future.
What defenses are there against a marijuana possession charge?
Common defenses include challenging the legality of the traffic stop or search (Fourth Amendment violation), disputing whether you had actual or constructive possession of the substance, questioning the chain of custody of the evidence, or arguing for a first-offender disposition. A marijuana arrest lawyer Fairfax will analyze the specifics of your case to determine the best defense strategy.
Internal Links: For more information on related services, see our Virginia Criminal Defense hub, or learn about DUI defense in Fairfax. We also assist clients in neighboring areas like Falls Church.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. directly.