Marijuana Possession Lawyer Orange County — What Are Your Defense Options?
Marijuana possession in Orange County 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 4 documented results in Orange County.
Virginia Marijuana Possession Law
Simple possession of marijuana (cannabis) is a criminal offense in Virginia. The specific statute is Va. Code § 18.2-250.1. Possession of one ounce or less is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, which carries a potential prison sentence of 1 to 10 years, or at the jury’s discretion, up to 12 months in jail and a $2,500 fine. Possession of one pound or more is a felony with more severe penalties.
Last verified: April 2026 | Orange County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to the Va. Code § 18.2-250.1 (official Virginia General Assembly website). Court procedures and forms can be found at the Orange County General District Court website.
Local Court Process for a Marijuana Charge in Orange County
All misdemeanor marijuana possession cases in Orange County begin at the Orange County General District Court located at 110 N. Madison Road, Suite 300. The Commonwealth’s Attorney for Orange County prosecutes these cases. First-offender programs under Va. Code § 19.2-303.2 are available; successful completion results in dismissal. You have an absolute right to a jury trial in Orange County Circuit Court for any offense carrying potential jail time.
- 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 or seizure was unlawful.
- Negotiation: Your lawyer will negotiate with the prosecutor for a reduction, dismissal, or diversion program.
- Trial or Disposition: If no agreement is reached, your case proceeds to a bench trial in General District Court. You may appeal to Circuit Court for a jury trial.
- Sentencing or Diversion: If convicted, the judge imposes sentence. If eligible for first offender, the court may defer finding guilt.
- Appeal: You have 10 days to appeal a guilty finding from General District Court to Orange County Circuit Court.
Penalties for Marijuana Possession in Orange County
In Orange County, marijuana possession of one ounce or less is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine, plus a mandatory 6-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Criminal record, possible probation |
| Possession >1 oz – <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month mandatory suspension | Felony record, loss of rights |
| Possession ≥ 1 lb | Felony (§ 18.2-248.1) | 5-30 years* | Up to $10,000* | 6-month mandatory suspension | Severe felony penalties |
*Mandatory minimum sentences may apply for possession with intent to distribute.
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 record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local Orange County court procedures and the strategies needed to protect your record and future.
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 in Orange County
Law Offices Of SRIS, P.C. has 4 documented criminal case results in Orange County: 3 dismissed/not guilty and 1 reduced/amended, representing a 100% favorable outcome rate for these matters. In other jurisdictions, our attorneys have successfully negotiated charges like Distribution/Possession with Intent to distribute marijuana amended down to simple possession.
Results may vary. Prior results do not guarantee a similar outcome.
Marijuana Possession Lawyer Near Orange County, VA
Our Fairfax location serves clients at the Orange County courts (110 N. Madison Road). We are accessible via Route 15, Route 20, Route 33, and Route 231. We provide legal representation to residents of Orange and Gordonsville.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Marijuana Possession Defense FAQs
What is the penalty for a first-time marijuana possession charge in Orange County?
It depends. For a first offense of possessing one ounce or less, you may be eligible for a first-offender program under Va. Code § 19.2-303.2. Successful completion leads to dismissal. Otherwise, it’s a Class 1 misdemeanor with up to 12 months in jail, a $2,500 fine, and a 6-month driver’s license suspension.
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Expungement is available for acquittals, dismissals (including first-offender dismissals), and nolle prosequi under Va. Code § 19.2-392.2. A conviction for marijuana possession generally cannot be expunged. A marijuana arrest lawyer Orange County can file the petition in the appropriate court.
Will I lose my driver’s license for a marijuana possession conviction?
Yes. Va. Code § 18.2-259.1 mandates a six-month driver’s license suspension for any drug conviction, including misdemeanor marijuana possession. This is an administrative suspension by the DMV separate from any court penalty.
What defenses are available against a marijuana possession charge?
Common defenses include challenging the legality of the traffic stop or search (Fourth Amendment violation), proving the substance was not marijuana, arguing lack of knowledge or possession, or demonstrating problems with the chain of custody of the evidence. A cannabis charge defense lawyer Orange County can evaluate the specifics of your case.
Should I hire a lawyer for a simple possession charge?
Yes. Even a misdemeanor conviction creates a permanent criminal record affecting employment, housing, and education. A lawyer can seek dismissal, reduction, or diversion to avoid a conviction. The SRIS team, including secondary attorney Mr. Sris, a former prosecutor with multi-state bar admissions, provides strategic counsel for these cases.
Related Pages: For other legal needs, see our Virginia Criminal Defense hub, or learn about DUI defense in Orange County. We also serve neighboring areas like Fairfax County.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.