Marijuana Possession Lawyer Henrico County — What Are Your Defense Options?
A marijuana possession charge in Henrico County is a serious offense under Va. Code § 18.2-250.1, carrying penalties of up to 30 days in jail and a $500 fine for a first offense. Law Offices Of SRIS, P.C. provides strong defense for clients at Henrico County General District Court.
Virginia Marijuana Possession Law
Simple possession of marijuana is a misdemeanor in Virginia, defined under Va. Code § 18.2-250.1. The law prohibits knowingly possessing marijuana without a valid prescription. The amount possessed determines the severity, with possession of more than one ounce but less than one pound being a Class 1 misdemeanor. Possession of one ounce or less is a civil violation punishable by a $25 fine. However, any amount can lead to a criminal charge if other factors are present, such as intent to distribute.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the statute, refer to Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information and procedures can be found on the Henrico County General District Court website.
Defending a Marijuana Charge in Henrico County
Prosecutors in Henrico County routinely pursue marijuana possession charges. A key local procedural fact is that the court may offer a first-offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. A cannabis charge defense lawyer Henrico County can challenge the legality of the search, the chain of custody of the evidence, or whether the substance was actually marijuana.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file a motion for discovery to review all police reports and lab analysis.
- Evaluate potential defenses, such as unlawful search and seizure or lack of knowledge.
- Negotiate with the Commonwealth’s Attorney for a reduction, dismissal, or diversion program.
- Prepare for trial if a favorable plea agreement cannot be reached.
Penalties for Marijuana Possession in Henrico County
In Henrico County, simple possession of marijuana (one ounce or less) is a civil offense with a $25 fine, but possession of more than one ounce is a criminal misdemeanor with potential jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Civil Violation | None | $25 | None | No criminal record |
| Possession >1 oz – <1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Criminal record |
| Possession ≥ 1 lb | Class 5 Felony | 1-10 years* | Up to $2,500 | Possible suspension | Felony record |
Results may vary. Prior results do not guarantee a similar outcome.
*Or up to 12 months and a $2,500 fine at the discretion of the jury.
Our Experience in Henrico County
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 record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the local court procedures and prosecution strategies in Henrico 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 team has achieved documented results in Henrico County. In one instance, a client facing a distribution charge saw it amended to simple possession. In another, a possession charge was dismissed after a successful motion to suppress evidence. Mr. Sris, our managing attorney and former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Henrico County Marijuana Defense Lawyers
Our Richmond location serves clients in Henrico County and is accessible via I-64, I-95, and I-295. We are a marijuana arrest lawyer Henrico County residents can rely on for defense near the Henrico County General District Court at 4301 East Parham Road. We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
Availability: 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, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a first-time marijuana possession charge in Henrico County?
It depends on the amount. Possession of one ounce or less is a civil penalty with a $25 fine. Possession of more than one ounce is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. The court may offer a first-offender program.
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A possession charge dismissed after completing a first-offender program is typically eligible for expungement. Most convictions cannot be erased from your record.
Do I need a lawyer for a simple marijuana possession ticket?
Yes. Even a civil violation creates a record. A cannabis charge defense lawyer Henrico County can advise you on the long-term consequences and may help you avoid any missteps that could lead to a criminal charge. For any criminal misdemeanor charge, having an attorney is critical.
What is the difference between possession and possession with intent to distribute?
Possession is for personal use. Intent to distribute (PWID) is a felony charge based on factors like the amount, packaging, scales, or large sums of cash. A marijuana arrest lawyer Henrico County can fight PWID charges by challenging the evidence of intent, which is often circumstantial.
Can the police search my car based on the smell of marijuana?
In Virginia, the odor of marijuana alone no longer provides probable cause for a vehicle search under state law. However, police may use other observations (like visible contraband) to justify a search. An attorney can file a motion to suppress evidence from an illegal search.
Internal Links: For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in neighboring areas like Chesterfield County. If you are facing other charges, consider our Henrico County DUI Lawyer services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.