Marijuana Possession Lawyer Frederick County — What Are Your Defense Options?
A marijuana possession charge in Frederick County, Virginia, is a serious criminal offense under Va. Code § 18.2-250.1, carrying penalties that can include jail time, fines, and a permanent criminal record. Law Offices Of SRIS, P.C. provides focused defense for these charges at the Frederick/Winchester General District Court.
Virginia Marijuana Possession Law
In Virginia, simple possession of marijuana is defined as knowingly possessing the substance without a valid prescription. The primary statute is Va. Code § 18.2-250.1. Possession of any amount up to one ounce is a civil violation punishable by a $25 fine. However, possession of more than one ounce but less than one pound is a Class 1 misdemeanor, carrying penalties of up to 12 months in jail and a fine of up to $2,500. Possession of one pound or more is a felony.
Last verified: April 2026 | Frederick/Winchester General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures and filings are handled at the Frederick/Winchester General District Court website.
Local Court Process for a Marijuana Charge
In Frederick County, marijuana possession cases are prosecuted by the Commonwealth’s Attorney and heard at the Frederick/Winchester General District Court located at 5 North Kent Street in Winchester. The court handles all misdemeanor trials. For a first-time offense, the court may consider a first-offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. A skilled cannabis charge defense lawyer Frederick County can handle these options.
- Receive a summons or be arrested and taken before a magistrate.
- Attend your arraignment at Frederick/Winchester GDC to hear the formal charge and enter a plea.
- Your attorney will file pre-trial motions, which may include challenging the stop, search, or seizure of evidence.
- Negotiate with the Commonwealth’s Attorney for a potential reduction, dismissal, or diversion program.
- Proceed to a bench trial before a judge if no acceptable plea agreement is reached.
- If convicted, explore post-trial motions or an appeal to Frederick County Circuit Court.
Penalties for Marijuana Possession in Frederick County
In Frederick County, the penalties for marijuana possession depend on the amount. Possession of more than one ounce is a misdemeanor with potential jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Civil Violation | None | $25 | None | Civil penalty only |
| Possession >1 oz – <1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible DMV points | Criminal record, possible driver’s license suspension |
| Possession ≥ 1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Possible suspension | Felony record, loss of certain rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Charges
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. Our team understands the local court procedures and prosecution strategies in Frederick County, allowing us to build effective defenses for drug possession charges.
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 for Drug Offenses
Our attorneys have a history of achieving positive results in drug-related cases. For example, we have successfully negotiated the amendment of felony distribution charges down to simple misdemeanor possession in other Virginia jurisdictions. In Frederick County, having a dedicated marijuana arrest lawyer Frederick County who knows the local court can make a significant difference in the outcome of your case.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
Our Shenandoah/Woodstock location serves clients at the Frederick County courts. We are accessible via I-81, Route 7, and Route 11. If you need a marijuana possession lawyer near Winchester or Stephens City, contact us for a 24/7 phone consultation. We serve the communities of Winchester, Stephens City, Middletown, Clear Brook, and Gore. Meetings are by appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Virginia?
It depends on the amount. Possession of less than one pound is a misdemeanor. Possession of one pound or more is a Class 5 felony under Va. Code § 18.2-250.1, punishable by 1-10 years in prison (or up to 12 months at the jury’s discretion).
Can I get a marijuana possession charge expunged in Frederick County?
Yes, but only under specific conditions. Virginia law allows expungement for acquittals, dismissals, and nolle prosequi (dropped charges) under Va. Code § 19.2-392.2. A first-offender dismissal may qualify. Most convictions cannot be expunged. The petition is filed in Frederick County Circuit Court.
What should I do if I’m arrested for marijuana possession?
Remain silent and request an attorney immediately. Do not discuss the case with law enforcement. Contact a marijuana possession lawyer Frederick County as soon as possible to protect your rights and begin building your defense strategy for your court date at Frederick/Winchester GDC.
What are common defenses to a marijuana possession charge?
Common defenses include challenging the legality of the traffic stop, the legality of the search and seizure (Fourth Amendment), lack of knowledge or possession, proving the substance is not marijuana, or pursuing a first-offender diversion program to avoid a conviction.
Do I need a lawyer for a simple possession charge?
Yes. Even a misdemeanor charge can result in jail time, fines, and a permanent criminal record that affects employment and housing. A cannabis charge defense lawyer Frederick County can work to have charges reduced or dismissed and protect your future.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Shenandoah County and with related issues such as DUI defense in Frederick County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.