Arlington County Cannabis Possession Lawyer — What Are Your Defense Options?
Simple possession of marijuana is a Class 1 misdemeanor in Arlington County under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 21 documented results in Arlington County.
Virginia Law on Marijuana Possession
Virginia law strictly prohibits the possession of marijuana without a valid medical prescription. The primary statute, Va. Code § 18.2-250.1, defines the offense and its penalties. Possession of any amount up to one ounce is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, carrying 1 to 10 years in prison. Possession of one pound or more is a felony with even more severe penalties. The law makes no distinction between personal use and intent to distribute for amounts under one ounce; that determination is based on the specific facts and evidence in your case.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to the Virginia Code § 18.2-250.1. Court procedures and local rules for Arlington County can be found on the Arlington County General District Court website.
Defending a Cannabis Charge in Arlington County
An effective cannabis arrest lawyer Arlington County knows that prosecutors must prove you knowingly and intentionally possessed the substance. A common defense is challenging the legality of the search that discovered the marijuana. The Fourth Amendment protects against unreasonable searches and seizures. If the police lacked probable cause or a valid warrant, the evidence may be suppressed, skilled to a dismissal. Another strategy involves attacking the chain of custody of the alleged substance from the scene to the lab, creating reasonable doubt about its integrity.
- Initial Consultation: Contact a cannabis possession lawyer Arlington County immediately after arrest or receiving a summons.
- Case Review & Investigation: Your attorney will obtain police reports, bodycam footage, and lab analysis to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence if the search was unlawful or to challenge procedural errors.
- Negotiation or Trial: Advocate for a reduction, dismissal, or entry into a first-offender program. If no fair offer is made, prepare for a bench trial in GDC.
- Resolution & Record: Secure the best possible outcome, then advise on expungement eligibility if the case is dismissed.
Penalties for Marijuana Possession in Arlington County
In Arlington County, simple marijuana possession is a Class 1 misdemeanor carrying up to 12 months in jail, a $2,500 fine, a driver’s license suspension, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Permanent criminal record |
| Possession >1 oz – <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month suspension | Felony record, loss of rights |
| Subsequent Offense | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Enhanced penalties likely |
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 that a marijuana charge can impact your job, education, and future. Our approach is direct and focused on protecting your rights and record from the start.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, which provides a unique advantage in cases involving complex evidence.
Documented Case Results in Arlington County
Our commitment to our clients is reflected in our local track record. In Arlington County, we have 21 documented criminal case results: 11 dismissed or found not guilty, and 10 reduced or amended to lesser charges.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Near Arlington County Courts
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Our Arlington location serves clients throughout Arlington County, including the neighborhoods of Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. We are positioned to provide accessible defense for those needing a cannabis possession lawyer Arlington County. We offer 24/7 phone consultations—call (888) 437-7747—with meetings by appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Arlington County, VA?
It depends on the amount. 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 under Va. Code § 18.2-250.1.
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Expungement is available if the charge was dismissed, you were found not guilty, or the prosecutor entered a nolle prosequi. Most convictions cannot be expunged. A cannabis arrest lawyer Arlington County can file the petition in Arlington County Circuit Court if you qualify.
What is the first offender program for marijuana in Virginia?
Virginia’s first offender program, under Va. Code § 18.2-251, allows a judge to defer finding guilt and dismiss the charge upon successful completion of terms like probation, community service, and drug education. Eligibility often depends on your criminal history and the facts of the case.
Will I lose my driver’s license for a marijuana possession charge?
Yes. Va. Code § 18.2-259.1 mandates a six-month driver’s license suspension for any drug conviction, including misdemeanor marijuana possession, even if no vehicle was involved. A restricted license for work may be available.
Should I hire a lawyer for a first-time marijuana charge?
Yes. Even a first-time misdemeanor carries up to a year in jail, a large fine, and a permanent record that affects employment and housing. A marijuana charge defense lawyer Arlington County can seek a dismissal through a first-offender program or challenge the evidence against you to avoid a conviction entirely.
For more information on related legal issues, see our pages on Virginia criminal defense, criminal defense in Alexandria, and DUI defense in Arlington 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.