Marijuana Possession Lawyer Lexington — What Are Your Defense Options?
Simple marijuana possession in Lexington is a Class 1 misdemeanor under Va. Code § 18.2-250.1, punishable by up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. provides strong defense for cannabis charges. Our marijuana possession lawyer Lexington team is available 24/7 at (888) 437-7747 for a consultation by appointment.
Virginia Marijuana Possession Law
Virginia law strictly prohibits the possession of marijuana without a valid medical prescription. The specific statute governing this offense is Va. Code § 18.2-250.1. This law makes it illegal to knowingly or intentionally possess marijuana, with penalties varying based on the amount and whether it is a first or subsequent offense. Possession of any amount under one ounce is a misdemeanor, while possession of one ounce or more is a felony.
Last verified: April 2026 | Lexington 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 filing information for Lexington cases can be found on the Lexington General District Court website.
Defending a Marijuana Charge in Lexington Court
Defending a marijuana charge requires a detailed understanding of local court procedures. At Lexington General District Court, prosecutors must prove you knowingly possessed the substance. A skilled cannabis charge defense lawyer Lexington can challenge the evidence, such as the legality of a search or the chain of custody of the alleged marijuana. First-time offenders may be eligible for a first-offender program under Va. Code § 18.2-251, which can lead to dismissal upon completion of terms.
- Initial Consultation: Contact a defense attorney immediately after an arrest or receiving a summons.
- Case Review: Your attorney will obtain police reports and evidence to identify potential defenses.
- Pre-Trial Strategy: Your lawyer may file motions to suppress evidence or negotiate for a diversion program.
- Court Appearance: Representation at your arraignment and all subsequent hearings in Lexington General District Court.
- Resolution: Work toward the best possible outcome, whether dismissal, reduction, or acquittal.
Potential Penalties for Marijuana Possession
In Lexington, marijuana possession carries penalties from a fine to jail time, with severity increasing for repeat offenses or larger amounts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of < 1 oz (1st offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Drug education program may be ordered |
| Possession of < 1 oz (2nd+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month suspension | Permanent criminal record |
| Possession of 1 oz to 1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Mandatory 6-month suspension | Felony record, loss of firearm 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. We understand the immediate and long-term consequences a marijuana arrest can have on your life, career, and future opportunities.
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 attorneys have successfully defended clients against serious drug charges. In Fairfax County General District Court, we have secured amendments of felony distribution charges down to simple possession. In another matter, a charge was taken under advisement and dismissed upon completion of community service.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Marijuana Defense Lawyers
Our Richmond location serves clients facing charges at the Lexington courts. We are accessible via I-81 and I-64. If you need a marijuana arrest lawyer Lexington near Virginia Military Institute or Washington and Lee University, we can help.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Serving the Lexington community.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor carries up to 6 months in jail and a $1,000 fine. Common charges include simple marijuana possession under Va. Code § 18.2-250.1.
Can marijuana charges be expunged in Lexington, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A first-offense marijuana possession charge that is dismissed through a first-offender program may qualify for expungement. Most convictions cannot be removed from your record.
How does bail work for a marijuana arrest in Lexington?
After an arrest, a magistrate sets a bond. For a first-offense misdemeanor marijuana possession, personal recognizance (release without payment) is common. For felony possession or if there are other factors, a secured bond requiring a bail bondsman (typically 10% of the bond amount) may be set.
Do I need a lawyer for a simple marijuana possession charge?
Yes. Even a misdemeanor charge carries potential jail time and creates a permanent criminal record that can affect employment, housing, and educational opportunities. A marijuana possession lawyer Lexington can protect your rights and seek the best possible resolution.
What is the difference between GDC and Circuit Court for a marijuana charge?
Lexington General District Court (GDC) handles all misdemeanor marijuana possession trials. If you are charged with felony possession (one ounce or more), your preliminary hearing will be in GDC, but any jury trial would be held in Lexington Circuit Court. You have a right to a jury trial for any offense carrying potential jail time.
Internal Resources: For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County. If you are facing other charges, our Lexington DUI Lawyer can help.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.