Marijuana Possession Lawyer in Albemarle County, Virginia
Simple possession of marijuana is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine in Albemarle County. Law Offices Of SRIS, P.C. has documented results defending cannabis charges in the Albemarle County General District Court.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid prescription. The primary statute is Va. Code § 18.2-250.1. Possession of one ounce or less is a civil violation punishable by a $25 fine. 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.
Last verified: April 2026 | Albemarle 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 information and procedures can be found on the Albemarle County General District Court website.
Defending a Marijuana Charge in Albemarle County
Prosecutors in the Albemarle County Commonwealth’s Attorney’s office handle marijuana possession cases. A common local procedural fact is that first-time offenders may be eligible for a deferred disposition under Va. Code § 18.2-251, which can lead to dismissal upon completion of terms. The key is to act before a conviction is entered on your record.
- Initial Consultation: Contact a marijuana arrest lawyer Albemarle County immediately after receiving a summons or being charged.
- Case Review: Your attorney will obtain the police report and evidence to identify weaknesses, such as an unlawful stop or search.
- Pre-Trial Motions: File motions to suppress evidence if your constitutional rights were violated during the search or seizure.
- Negotiation & Disposition: Negotiate with the prosecutor for a reduction, dismissal, or entry into a first-offender program.
- Trial Preparation: If a favorable plea cannot be reached, prepare for a bench trial in Albemarle County General District Court.
- Post-Trial: If convicted, explore options for appeal to Circuit Court or petition for expungement if eligible.
Penalties for Marijuana Possession in Virginia
In Albemarle County, possession of more than one ounce but less than one pound of marijuana is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine up to $2,500, plus a 6-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Civil Violation | None | $25 | No Suspension | Civil penalty only |
| Possession >1 oz – <1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Criminal record |
| Possession ≥ 1 lb | Class 5 Felony | 1-10 years* | Up to $2,500* | 6-month suspension | Felony record |
*Or within the discretion of the jury, confinement in jail for up to 12 months and a fine of up to $2,500, either or both.
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Charges
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 track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the local court procedures and prosecution strategies in Albemarle County.
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 attorneys have achieved favorable outcomes in drug-related cases. In one instance, a charge of Distribution/Possession With Intent to Distribute Marijuana (over ½ ounce) in Fairfax County was amended to simple possession. In Albemarle County, we have documented results achieving reductions and amendments for clients.
Results may vary. Prior results do not guarantee a similar outcome.
Our team, including former prosecutor Kristen Fisher, works collaboratively to build strong defenses. Mr. Sris, the firm’s founder and managing attorney, provides strategic oversight on complex matters.
Contact a Marijuana Possession Lawyer Albemarle County
Our Richmond location serves clients in Albemarle County and the Charlottesville area. We are accessible via I-64 and Route 29. If you need a marijuana possession lawyer near the Albemarle County General District Court or in communities like Crozet, Earlysville, Ivy, or North Garden, we can help.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
It depends on the amount. Possession of one pound or more is a Class 5 felony. Possession of more than one ounce but less than one pound is a Class 1 misdemeanor. Possession of one ounce or less is a civil violation.
Can I get a marijuana possession charge expunged in Albemarle County?
Yes, but only under specific conditions. Expungement is available for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A conviction for possession is generally not eligible for expungement unless it was deferred and dismissed under a first-offender program.
Will I lose my driver’s license for a marijuana possession conviction?
Yes. A conviction for possession of any controlled substance, including marijuana, triggers a mandatory 6-month driver’s license suspension under Va. Code § 18.2-259.1. A restricted license for limited purposes may be available.
What is the first offender program for marijuana in Virginia?
Va. Code § 18.2-251 allows for deferred disposition for first-time possession offenses. The court defers finding guilt, and upon successful completion of probation, drug education, and community service, the charge is dismissed. You must petition the court for this disposition.
Do I need a cannabis charge defense lawyer Albemarle County for a first offense?
Yes. Even a first-time misdemeanor carries the potential for jail time, a fine, and a permanent criminal record that affects employment and housing. A lawyer can seek a first-offender dismissal, challenge the evidence, and protect your rights throughout the process.
What should I do if I’m arrested for marijuana possession?
Remain silent and request an attorney immediately. Do not discuss the case or consent to any searches. Contact a marijuana arrest lawyer Albemarle County as soon as possible to begin building your defense and protecting your future.
Related Pages: For other legal issues, see our pages for DUI defense in Albemarle County and Virginia criminal defense. We also assist clients in nearby areas like Henrico County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.