Cannabis Possession Lawyer Lexington — What Are Your Defense Options?
Simple marijuana possession in Lexington is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 14 total documented case results in Lexington across all practice areas.
Virginia Marijuana Possession Law
Virginia law classifies simple possession of marijuana (less than one ounce) as a Class 1 misdemeanor. The statute, Va. Code § 18.2-250.1, prohibits the knowing or intentional possession of a controlled substance without a valid prescription. For amounts of one ounce or less, the offense is a misdemeanor. Possession of more than one ounce is a Class 5 felony, punishable by 1 to 10 years in prison. The law applies equally in Lexington, with cases prosecuted by the Commonwealth’s Attorney and heard at the Lexington General District Court.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information, including location and hours, is available at the Lexington General District Court website.
Local Court Process for a Marijuana Charge
In Lexington, a marijuana possession charge begins with an arrest or summons. The case is docketed in Lexington General District Court at 2 South Main Street. Prosecutors here often consider first-offender programs under Va. Code § 19.2-303.2 for eligible defendants. A strong defense often focuses on the initial stop and search, as any violation of your Fourth Amendment rights can lead to evidence suppression.
- Initial Court Appearance (Arraignment): You will be formally advised of the charge and enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence if the search was unlawful or to challenge the prosecution’s case.
- Negotiation & Review: Your lawyer will review all evidence with the prosecutor to seek a reduction or dismissal, potentially into a drug education program.
- Trial or Disposition: If no agreement is reached, the case proceeds to a bench trial before a judge in GDC. A conviction can be appealed to Lexington Circuit Court for a new trial.
Penalties for Marijuana Possession in Lexington
In Lexington, simple marijuana possession (less than 1 oz.) is a Class 1 misdemeanor with a maximum penalty of 12 months in jail and a $2,500 fine. Possession of more than 1 oz. is a felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Marijuana (< 1 oz.) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension* | Criminal record, impact on employment, housing, federal student aid |
| Possession of Marijuana (>= 1 oz.) | Class 5 Felony | 1-10 years (or up to 12 months at jury discretion) | Up to $2,500 | Possible 6-month suspension* | Felony record, loss of civil rights, severe employment barriers |
| Possession with Intent to Distribute (PWID) | Felony (Class 5 or higher) | 1-10 years to 5-Life (based on weight & prior offenses) | Varies | Mandatory suspension | Severe mandatory minimums possible under federal or state law |
Results may vary. Prior results do not guarantee a similar outcome.
*Va. Code § 18.2-259.1 mandates a six-month driver’s license suspension for any drug conviction, including simple possession.
Our Experience in Drug Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. Our team understands the local legal field and is committed to providing a strong, case-specific defense for every client.
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 a documented history of achieving positive outcomes. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. For example, our team has successfully secured dismissals for charges like “No Registration Card/License in Possession” in other Virginia jurisdictions through motions to suppress or negotiations with prosecutors.
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 a background in accounting and information systems, which provides a distinct edge in cases involving technical or financial evidence.
Local Defense Near You
Our Richmond location serves clients facing charges at the Lexington courts. As your local cannabis arrest lawyer Lexington, we are accessible via I-81 and I-64. We serve the Lexington community, including areas near Virginia Military Institute (VMI) and Washington and Lee University.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Lexington General District Court (2 South Main Street, Lexington, VA 24450). 14 total documented case results across all practice areas (100% favorable outcome rate).
Can criminal charges be expunged in Lexington, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Lexington Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 14 total documented case results across all practice areas (100% favorable outcome rate).
How does bail work in Lexington, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Lexington. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Lexington General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies.
Do I need a criminal defense lawyer for a marijuana charge in Lexington?
Yes. Even a simple possession charge is a Class 1 misdemeanor with potential jail time and a mandatory driver’s license suspension. A marijuana charge defense lawyer Lexington can protect your rights, challenge the evidence, and seek alternatives to conviction that preserve your record and future opportunities.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court handles misdemeanor trials and felony preliminary hearings. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Lexington General District Court (2 South Main Street, Lexington, VA 24450) is the GDC location.
Related Pages: For other legal needs, see our Virginia Criminal Defense hub, or our pages for Henrico County criminal defense and Lexington DUI defense.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.