Marijuana Possession Lawyer Augusta County — What Are Your Defense Options?
Marijuana possession in Augusta 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. provides strong defense for clients at Augusta County General District Court. Our marijuana possession lawyer Augusta County team offers 24/7 consultations.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid medical prescription. The specific statute is Va. Code § 18.2-250.1. The law distinguishes between simple possession and possession with intent to distribute, with the latter carrying more severe penalties. The amount possessed, packaging, and other circumstances can influence the charge. For official court procedures, refer to the Augusta County General District Court website.
Augusta County Court Process for Marijuana Charges
Your case will begin at Augusta County General District Court in Staunton. Prosecutors there often consider first-offender programs for eligible individuals. The court’s procedures can move quickly, making early legal advice critical.
- You will receive a summons or be arrested and taken before a magistrate.
- Your first court date is an arraignment at Augusta County GDC to hear the formal charge.
- Your attorney will review evidence and discuss potential defenses or resolutions.
- Your case may proceed to trial or be resolved through negotiation or a diversion program.
Penalties for Marijuana Possession in Augusta County
In Augusta County, simple marijuana possession is a Class 1 misdemeanor carrying up to 12 months in jail and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record, possible drug education |
| Simple Possession (Subsequent) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record, increased penalties |
| Possession > 1 oz (Intent to Distribute) | Felony | 1-10 years (Class 5) | Up to $2,500 | Mandatory 6-month suspension | Felony record, severe long-term effects |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Augusta County
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined legal experience. We have a documented record of handling drug possession cases. Our approach is based on a detailed review of the facts and evidence in each case.
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 handled numerous drug-related cases. In Fairfax County, we have successfully negotiated amendments from distribution charges to simple possession. In Bedford County, a juvenile underage alcohol possession charge was dismissed after community service. Results may vary. Prior results do not guarantee a similar outcome.
Our team, including former prosecutor Kristen Fisher, works to protect your rights and seek the best possible outcome.
Contact Our Augusta County Marijuana Defense Lawyers
Our Shenandoah/Woodstock Location serves clients at the Augusta County courts in Staunton. We are a marijuana arrest lawyer Augusta County residents can consult 24/7.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. Serving Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Marijuana Possession Lawyer Augusta County FAQ
Is marijuana possession a felony in Virginia?
No. Simple possession of marijuana is a Class 1 misdemeanor in Virginia. However, possession of more than one ounce can be charged as possession with intent to distribute, which is a felony.
Can I get a marijuana charge expunged in Augusta County?
It depends. Expungement is available for dismissals, acquittals, or cases taken under advisement (like first-offender dispositions). A conviction for marijuana possession generally cannot be expunged. The petition is filed in Augusta County Circuit Court.
Will I go to jail for a first-time marijuana possession charge?
Not necessarily. For a first offense, the court often considers alternatives like the first offender program (Va. Code § 18.2-251), which can result in dismissal after completing terms such as community service and drug education.
Do I need a cannabis charge defense lawyer Augusta County for a misdemeanor?
Yes. Even a misdemeanor carries up to a year in jail and creates a permanent record that affects employment and housing. A cannabis charge defense lawyer Augusta County can negotiate for reduced penalties or diversion programs.
What is the difference between GDC and Circuit Court for a marijuana charge?
Augusta County General District Court (GDC) handles misdemeanor trials. If you are charged with a felony (like possession with intent), your preliminary hearing is in GDC, but a jury trial would be in Augusta County Circuit Court. You have a right to a jury trial for any jail-time offense.
Related Legal Information
If you are facing other charges, our firm can help. Learn more about Virginia criminal defense. We also assist clients in nearby areas like Shenandoah County and with related issues such as DUI defense in Augusta County.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.