Cannabis Possession Lawyer Botetourt County — What Are Your Defense Options?
Simple marijuana possession in Botetourt County 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. has 33 documented case results in Botetourt County. Our cannabis possession lawyer Botetourt County team provides a strong defense.
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. Simple possession of 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 1-10 years in prison. Possession of one pound or more is a Class 1 felony with a potential sentence of 1-10 years and a fine up to $100,000. The law distinguishes between simple possession and possession with intent to distribute, which carries more severe penalties.
Last verified: April 2026 | Botetourt County 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 information and procedures can be found on the Botetourt County General District Court website.
Local Court Process for a Cannabis Arrest in Botetourt County
If you are arrested for cannabis possession in Botetourt County, your case begins at the Botetourt County General District Court at 20 E. Back Street, Suite A, Fincastle. The Commonwealth’s Attorney prosecutes these cases. For first-time offenders, the court may consider a first-offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. An experienced cannabis arrest lawyer Botetourt County can handle this process.
- Receive a summons or be arrested and taken before a magistrate for bond.
- Attend your arraignment at Botetourt County GDC, where you enter a plea.
- Your attorney will review discovery and file any necessary pre-trial motions.
- Negotiate with the Commonwealth’s Attorney for a possible plea agreement or diversion program.
- Proceed to a bench trial in GDC or, if you demand a jury, have your case certified to Botetourt County Circuit Court.
- If convicted, explore post-trial motions or an appeal to Circuit Court.
Potential Penalties for Marijuana Possession
In Botetourt County, simple marijuana possession carries up to 12 months in jail and a $2,500 fine, plus a mandatory six-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 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 |
| Possession ≥ 1 lb | Class 1 Felony | 1-10 years | Up to $100,000 | 6-month suspension | Severe felony penalties |
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 procedures in Botetourt County courts and are committed to providing a strong, case-specific defense for every client.
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 Botetourt County
Law Offices Of SRIS, P.C. has a documented record of 33 total case results across all practice areas in Botetourt County, with a 100% favorable outcome rate. Our team, which includes former prosecutor Kristen Fisher, works to achieve dismissals, reductions, and favorable plea agreements.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Cannabis Possession Lawyer Botetourt County
Our Shenandoah/Woodstock location serves clients in Botetourt County. We are accessible via I-81 and Route 220. If you need a marijuana charge defense lawyer Botetourt County, contact us 24/7.
Law Offices Of SRIS, P.C.
505 N Main St #103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve the communities of Fincastle, Daleville, Troutville, Blue Ridge, and Eagle Rock.
Frequently Asked Questions
What is the penalty for a misdemeanor in Botetourt County, Virginia?
A Class 1 misdemeanor in Botetourt County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases are heard at Botetourt County General District Court.
Can criminal charges be expunged in Botetourt County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Botetourt County Circuit Court. First-offense marijuana possession may qualify through a deferred disposition program.
How does bail work in Botetourt County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Botetourt County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Botetourt County General District Court.
Do I need a criminal defense lawyer in Botetourt County, Virginia?
Yes. Criminal charges in Botetourt County are prosecuted by the Commonwealth’s Attorney and heard at Botetourt County General District Court. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers.
What is the difference between GDC and Circuit Court in Botetourt County?
Botetourt County General District Court handles misdemeanor trials and felony preliminary hearings. Botetourt County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Shenandoah County. If you have other legal needs in Botetourt County, consider our services for DUI defense or family law.
Last verified: April 2026. Information is subject to change. Consult an attorney for current legal advice.