Cannabis Possession Lawyer in Stafford County, Virginia
Simple marijuana possession in Stafford 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. Law Offices Of SRIS, P.C. has documented results defending cannabis charges in Stafford County. A skilled cannabis possession lawyer Stafford County can challenge evidence and seek dismissal or a first-offender program to protect your record and future.
Last verified: April 2026 | Stafford County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Under Virginia law, possession of marijuana (cannabis) is a criminal offense. The specific charge and penalties depend on the amount and whether it is a first or subsequent offense. Simple possession of up to one ounce by an adult is a civil violation with a $25 fine. However, possession of more than one ounce is a Class 1 misdemeanor. Possession with intent to distribute is a felony. All cases are prosecuted by the Stafford County Commonwealth’s Attorney and heard at the Stafford County General District Court located at 1300 Courthouse Road.
Official Legal Resources
For the official text of Virginia’s drug laws, refer to the Virginia Code § 18.2-247 (Drug Control Act). For court procedures and information, visit the Stafford County General District Court website.
Local Court Process for a Marijuana Charge
In Stafford County, a marijuana charge begins with an arrest or summons. The case proceeds in General District Court for misdemeanors. Prosecutors may offer first-offender programs under Va. Code § 18.2-251 for eligible defendants. A cannabis arrest lawyer Stafford County can handle this process, from the initial arraignment to negotiating a favorable disposition or preparing for trial.
- Receive a summons or be arrested and taken before a magistrate.
- Attend your arraignment at Stafford County General District Court to enter a plea.
- Your attorney will review discovery (police reports, lab results) and file pre-trial motions.
- Negotiate with the Commonwealth’s Attorney for dismissal, reduction, or a first-offender program.
- If no agreement is reached, proceed to a bench trial in General District Court.
- If convicted, you have the right to appeal for a new trial in Stafford County Circuit Court.
Penalties for Marijuana Offenses in Stafford County
In Stafford County, a marijuana possession charge can result in jail time, fines, a driver’s license suspension, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (adult) | Civil Violation | None | $25 | None | Civil penalty, no criminal record |
| Possession > 1 oz (1st offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Criminal record, possible probation |
| Possession > 1 oz (2nd+ offense) | Class 1 Misdemeanor | Up to 12 months (mandatory min. may apply) | Up to $2,500 | 6-month suspension | Enhanced penalties, criminal record |
| Possession with Intent to Distribute (PWID) | Felony (Class 5 or higher) | 1-10 years (Class 5) | Up to $2,500 | 6-month suspension | Felony record, severe long-term impacts |
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 track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local Stafford County court system and the strategies needed to defend against marijuana charges effectively.
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 Results
Our firm has a documented history of achieving positive results for clients facing criminal charges. In Stafford County, we have secured dismissals, not guilty verdicts, and charge reductions. For instance, our team has successfully argued for the dismissal of charges where the legality of a search was in question. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex cases, Mr. Sris, is the firm’s founder and a former prosecutor with multi-state bar admissions, providing strategic oversight.
Cannabis Possession Lawyer Near Stafford County
Our Fairfax location serves clients at the Stafford County courts. We are accessible via I-95 and Route 1. We provide legal representation to residents of Stafford, Aquia Harbour, and Brooke. Contact us for a 24/7 phone consultation — meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
No, simple possession of marijuana for personal use is not a felony. Possession of more than one ounce is a Class 1 misdemeanor. However, possession with intent to distribute (PWID) is a felony.
Can I get a marijuana charge expunged in Stafford County?
It depends. Virginia law allows expungement if you are acquitted, the charge is dismissed, or the prosecutor enters a nolle prosequi. A first-offender dismissal may also be eligible. A conviction for possession is generally not eligible for expungement. A cannabis possession lawyer Stafford County can advise on your specific eligibility.
Will I go to jail for a first-time marijuana possession charge?
Not necessarily. For a first offense, the court often considers alternatives to jail, such as a first-offender program, probation, or a fine. However, jail is a possible penalty under the law, making strong defense counsel critical.
What should I do if I’m arrested for marijuana possession in Stafford County?
Remain silent and request an attorney immediately. Do not discuss the case with law enforcement. Contact a cannabis arrest lawyer Stafford County as soon as possible to begin building your defense and protect your rights.
How can a lawyer help with a marijuana charge?
A marijuana charge defense lawyer Stafford County can challenge the legality of the stop and search, question the evidence chain of custody, negotiate for a first-offender program or reduced charge, and represent you at trial to fight for a dismissal or not guilty verdict.
Internal Resources: For more information, see our Virginia Criminal Defense hub, or learn about related issues like DUI defense in Stafford County. We also serve neighboring areas like Prince William County.
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. at (888) 437-7747.