Cannabis Possession Lawyer Stafford County — What Are Your Defense Options?
Simple marijuana possession in Stafford County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 30 days in jail and a $500 fine for a first offense. A cannabis possession lawyer Stafford County from Law Offices Of SRIS, P.C. can challenge the evidence and seek dismissal or a first-offender program.
Virginia Marijuana Possession Law
Virginia law prohibits the knowing or intentional possession of marijuana without a valid prescription. The specific statute is Va. Code § 18.2-250.1. For adults 21 and over, possession of up to one ounce is a civil penalty with 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 | Stafford County General District Court | Virginia General Assembly
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys use their knowledge of the law and local court procedures to build strong defenses.
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 Stafford County General District Court website.
Defending a Marijuana Charge in Stafford County
Prosecutors in Stafford County routinely pursue marijuana charges. A key local procedural fact is that the Stafford County General District Court handles all misdemeanor marijuana possession trials. The Commonwealth’s Attorney prosecutes these cases. First-offender programs under Va. Code § 19.2-303.2 are available—successful completion results in dismissal. Defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time.
- Initial Consultation: Contact a cannabis possession lawyer Stafford County immediately after arrest or receiving a summons.
- Case Review: Your attorney will obtain police reports, lab results, and witness statements to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence if the search violated your Fourth Amendment rights.
- Negotiation or Trial: Advocate for a dismissal, first-offender program, or reduced charge. If necessary, prepare for a bench trial in GDC or a jury trial in Circuit Court.
Penalties for Marijuana Possession in Stafford County
In Stafford County, marijuana possession of more than one ounce is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine. Possession of one pound or more is a felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (21+) | Civil Violation | None | $25 | None | Civil penalty only |
| Possession >1 oz & <1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Criminal record |
| Possession ≥ 1 lb | Felony (Class 5) | 1-10 years* | Up to $2,500* | Possible suspension | Felony record |
*Or, in the discretion of the jury or court, 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 Stafford County Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our combined attorney experience exceeds 120 years. We have a documented record of favorable outcomes for clients facing criminal charges in Virginia. Our approach is case-specific, focusing on the details of your arrest and the evidence against you.
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 documented results for clients in Stafford County. In one instance, a charge was taken under advisement and dismissed upon completion of community service. In another, a charge was nolle prosequi (dropped by the prosecutor).
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Contact Our Stafford County Cannabis Possession Lawyers
Our Fairfax location serves clients at the Stafford County courts. We are accessible via I-95 and Route 1. We serve the communities of Stafford, Aquia Harbour, and Brooke.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
Is marijuana possession a felony in Stafford County, VA?
It depends on the amount. Possession of one pound or more is a felony (Class 5). Possession of more than one ounce but less than one pound is a Class 1 misdemeanor. Possession of one ounce or less by an adult 21+ is a civil penalty with a $25 fine.
Can I get a marijuana charge expunged in Stafford County?
Yes, but only under specific conditions. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A first-offense marijuana possession charge that is dismissed after completing a first-offender program may qualify for expungement. Most convictions cannot be expunged.
What should I do if I’m arrested for marijuana possession in Stafford County?
Remain silent and request a lawyer immediately. Do not discuss the case with law enforcement. Contact a marijuana charge defense lawyer Stafford County as soon as possible to begin building your defense and protecting your rights.
What are the penalties for a first-time marijuana possession charge?
For a first offense of possessing more than one ounce, the penalty is up to 30 days in jail and a $500 fine under Va. Code § 18.2-250.1. However, the court often offers a first-offender program that results in dismissal upon completion of certain conditions.
Do I need a cannabis arrest lawyer Stafford County for a small amount?
Yes. Even a civil penalty creates a record. A misdemeanor charge can result in jail time, fines, and a permanent criminal record that affects employment and housing. A lawyer can seek dismissal or a first-offender disposition to avoid these consequences.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Fairfax County and Prince William County. If you have other legal needs in Stafford County, consider our services for DUI defense or family law.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.