Cannabis Possession Lawyer Fauquier County — What Are Your Defense Options?
Simple marijuana possession in Fauquier 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. has 1 documented result in Fauquier County. A skilled cannabis possession lawyer Fauquier County can challenge the evidence and explore diversion programs to protect your record and future.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law classifies simple possession of marijuana (one ounce or less) as a Class 1 misdemeanor. The statute, Va. Code § 18.2-250.1, defines the offense and its penalties. Possession of more than one ounce is a felony. Since 2021, adults 21 and over can legally possess up to one ounce for personal use, but public consumption remains illegal. For those under 21, any possession is still a criminal offense. A cannabis arrest lawyer Fauquier County understands these nuances and how they apply in local courts.
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information is available at the Fauquier County General District Court website.
Local Court Process for Marijuana Charges
Marijuana possession cases in Fauquier County begin at the General District Court at 6 Court Street in Warrenton. The Commonwealth’s Attorney prosecutes these cases. For first-time offenders, the court may offer a first offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon completion. A marijuana charge defense lawyer Fauquier County can negotiate for this outcome or challenge the legality of the search that led to the arrest.
- Receive a summons or warrant for possession of marijuana.
- Appear for arraignment at Fauquier County General District Court to enter a plea.
- Your attorney will review police reports and evidence for constitutional violations.
- Negotiate with the prosecutor for dismissal, reduction, or diversion.
- If no agreement is reached, prepare for and proceed to a bench trial.
- If convicted, explore appeals or post-trial motions to minimize penalties.
Penalties for Marijuana Possession in Fauquier County
In Fauquier County, simple marijuana possession (one ounce or less) is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500, plus a mandatory six-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (first offense, 21+) | Civil Violation | None | $25 | No Suspension | No criminal record |
| Possession ≤ 1 oz (under 21 or subsequent) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month suspension | Criminal record, possible drug education |
| Possession > 1 oz | Class 5 Felony | 1-10 years* | Up to $2,500 | 6-month suspension | Felony record, loss of rights |
Results may vary. Prior results do not guarantee a similar outcome.
*Or up to 12 months and a $2,500 fine at the jury’s discretion.
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 attorney experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We focus on building a strong defense strategy from the moment you contact us.
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 1 documented result in Fauquier County: 1 case reduced/amended, representing a 100% favorable outcome rate for this locality. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, which aids in technical case analysis.
Contact Our Fauquier County Cannabis Possession Lawyers
Our Fairfax location is approximately 40 miles from the Fauquier County General District Court, accessible via I-66 and Route 29. We serve as your cannabis possession lawyer near Warrenton and throughout Fauquier County, including New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier 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 heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). 1 documented results: 1 reduced/amended (100% favorable outcome rate)
Can criminal charges be expunged in Fauquier 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 Fauquier County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 1 documented results: 1 reduced/amended (100% favorable outcome rate)
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fauquier County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fauquier County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony)
Do I need a criminal defense lawyer in Fauquier County, Virginia?
Yes. Criminal charges in Fauquier County are prosecuted by the Commonwealth’s Attorney and heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 1 documented results: 1 reduced/amended (100% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court handles misdemeanor trials and felony preliminary hearings. Fauquier 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. Fauquier County General District Court (6 Court Street, Warrenton, VA 20186) is the GDC location.
For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in neighboring areas like Fairfax County and with related issues such as DUI defense in Fauquier County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.