Cannabis Possession Lawyer Clarke County — What Are Your Defense Options?
Simple marijuana possession in Clarke 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. Law Offices Of SRIS, P.C. has 29 documented case results in Clarke County.
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. Possession of up to one ounce is a Class 1 misdemeanor for a first offense. Penalties increase for subsequent offenses or possession of larger amounts, which can be charged as a felony. The law distinguishes between simple possession and possession with intent to distribute, which carries much harsher penalties.
Last verified: April 2026 | Clarke County General District Court | Virginia General Assembly
Official Legal Resources
For the full 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 Clarke County General District Court website.
Defending a Marijuana Charge in Clarke County
Prosecutors in Clarke County General District Court handle numerous marijuana possession cases. A strong defense often starts with examining the stop, search, and seizure. Was there probable cause? Was the search legal? The chain of custody for the alleged substance must also be flawless. For eligible first-time offenders, Virginia’s first offender statute (§ 18.2-251) may allow for dismissal upon completion of court-ordered terms.
- Consult with a cannabis arrest lawyer Clarke County immediately after charge or arrest.
- Your attorney will obtain and review all police reports, body cam footage, and lab analysis.
- A defense strategy is built, potentially challenging the stop, search, or evidence handling.
- Your lawyer will negotiate with the Commonwealth’s Attorney, seeking dismissal, reduction, or a first-offender program.
- If necessary, prepare for and present a defense at trial in Clarke County General District Court.
Potential Penalties for Marijuana Possession
In Clarke County, first-offense possession of up to one ounce of marijuana is a Class 1 misdemeanor with penalties of up to 30 days in jail and a $500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (1st offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, possible drug education |
| Possession ≤ 1 oz (2nd offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Mandatory minimum fine $250 |
| Possession > 1 oz to 1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible suspension | Felony record |
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 attorney experience to each case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local court procedures and prosecution strategies in Clarke 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
Documented Case Results
Our firm has a documented history of achieving positive results in drug-related cases. In Clarke County, we have 29 total documented case results across all practice areas with a 72% favorable outcome rate. For example, our team has successfully argued for the suppression of evidence due to illegal searches, skilled to case dismissals. In other instances, we have negotiated for first-offender dispositions, allowing clients to avoid a permanent conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Clarke County
Our Richmond location serves clients facing charges at the Clarke County General District Court (104 North Church Street, Berryville). We provide representation for residents of Berryville, Boyce, and surrounding areas.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
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 first-time marijuana possession charge in Clarke County?
A first offense for possessing up to one ounce is a Class 1 misdemeanor, punishable by up to 30 days in jail and a $500 fine. Your driver’s license may also be suspended for six months.
Can I get a marijuana possession charge expunged in Virginia?
It depends. If the charge is dismissed (e.g., through a first-offender program) or you are found not guilty, you can petition for expungement under Va. Code § 19.2-392.2. A conviction for simple possession generally cannot be expunged from your record.
Do I need a marijuana charge defense lawyer Clarke County for a first offense?
Yes. Even a first-offense misdemeanor creates a permanent public criminal record that can affect employment, housing, and educational opportunities. A lawyer can seek a dismissal or avoid a conviction altogether.
What defenses are available against a marijuana possession charge?
Common defenses include challenging the legality of the traffic stop or detention, arguing the search was conducted without a warrant or valid exception, questioning the chain of custody of the evidence, or asserting the substance was not in your actual possession.
What is Virginia’s first offender program for marijuana?
Under Va. Code § 18.2-251, a first-time offender charged with simple possession may have the case deferred. Upon successful completion of probation, drug education, and possibly community service, the charge can be dismissed.
Related Legal Services: If you are facing more serious charges, you may need a DUI lawyer in Clarke County. For other criminal matters, see our Virginia criminal defense hub or learn about defense in Henrico County.
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.