Cannabis Possession Lawyer Albemarle County — What Are Your Defense Options?
A simple marijuana possession charge in Albemarle County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. provides a strong defense for clients at the Albemarle County General District Court. If you need a cannabis possession lawyer Albemarle County, contact us 24/7 for a consultation by appointment.
Last verified: April 2026 | Albemarle County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
In Virginia, simple possession of marijuana (one ounce or less) by an adult 21 or older is no longer a criminal offense. However, possession of more than one ounce but less than one pound is a Class 1 misdemeanor under Va. Code § 18.2-250.1. Possession of one pound or more is a felony. Distribution, possession with intent to distribute, and possession on school grounds remain serious offenses. The law is nuanced, and a cannabis arrest lawyer Albemarle County can analyze the specific facts of your case.
Official Legal Resources
For the full text of the statute, refer to the Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information and procedures can be found on the Albemarle County General District Court website.
Local Court Process for a Marijuana Charge
Marijuana possession cases in Albemarle County are prosecuted by the Commonwealth’s Attorney and heard at the Albemarle County General District Court at 350 Park Street in Charlottesville. The court handles all misdemeanor trials. A skilled marijuana charge defense lawyer Albemarle County understands that prosecutors may offer first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion.
- Receive a summons or be arrested and taken before a magistrate for a bond hearing.
- Attend your arraignment at Albemarle County General District Court, where you will enter a plea.
- Your attorney will review discovery, file pre-trial motions, and negotiate with the prosecutor.
- Proceed to a bench trial in General District Court or, if you face jail time, demand a jury trial in Circuit Court.
- If convicted, your attorney can argue for alternative sentencing or appeal the decision.
Potential Penalties for Marijuana Offenses
In Albemarle County, penalties for marijuana offenses range from a civil penalty for small amounts to felony incarceration for large quantities or distribution.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession >1 oz ≤1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible DMV points | Criminal record |
| Possession ≥1 lb | Class 5 Felony | 1-10 years* | Up to $2,500 | N/A | Felony record |
| Distribution/PWID | Felony (varies) | 1-40 years* | Varies | N/A | Mandatory minimums possible |
| Possession on School Grounds | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Enhanced penalty |
*Or up to 12 months in jail and a $2,500 fine at the discretion of the jury for a Class 5 felony.
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal 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 courts and how to build an effective defense strategy for drug 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
Our firm has documented results in Albemarle County, including cases where charges were reduced or amended to achieve a more favorable outcome for the client. For example, we have successfully amended charges like driving on a suspended license to non-criminal traffic offenses.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Albemarle County
Our Richmond location serves clients facing charges at the Albemarle County courts in Charlottesville. We are accessible via I-64 and Route 29. We provide representation for the Charlottesville area, Crozet, Earlysville, Ivy, and North Garden.
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
Is marijuana possession a crime in Albemarle County, Virginia?
It depends. For adults 21+, possession of one ounce or less is a civil penalty with a $25 fine. Possession of more than one ounce but less than one pound is a Class 1 misdemeanor crime. A cannabis possession lawyer Albemarle County can advise you based on the specific amount and circumstances.
Can I get a marijuana charge expunged in Virginia?
Yes, but only under specific conditions. Expungement is available for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. A first-offender disposition that leads to dismissal may also qualify. Most convictions cannot be expunged. The petition is filed in the Circuit Court where the case was heard.
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 cannabis arrest lawyer Albemarle County as soon as possible. We provide 24/7 consultations to begin building your defense and guide you through the initial steps, including bond hearings.
What are the penalties for marijuana distribution?
Distribution or possession with intent to distribute (PWID) marijuana is a felony in Virginia. Penalties vary based on weight and prior offenses but can include mandatory minimum prison sentences and substantial fines. Defending against these charges requires immediate and aggressive legal representation from a skilled marijuana charge defense lawyer Albemarle County.
Do I need a lawyer for a simple possession charge?
Yes. Even a misdemeanor conviction creates a permanent criminal record that can affect employment, housing, and educational opportunities. A cannabis possession lawyer Albemarle County can work to have charges reduced, dismissed, or diverted into a first-offender program to avoid a conviction.
Related Legal Services
If you are facing other charges, our firm also provides representation for DUI/DWI in Albemarle County, family law matters, and reckless driving. For a full overview of our criminal defense practice, visit our Virginia criminal defense hub page. We also serve neighboring areas like Henrico County and Chesterfield County.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.