Marijuana Possession Lawyer in Chesapeake, Virginia — What Are Your Defense Options?
Marijuana possession in Chesapeake 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 documented results in Chesapeake. A skilled marijuana possession lawyer Chesapeake can challenge the legality of the search, evidence handling, or seek a first-offender dismissal. Contact us 24/7.
Virginia Marijuana Possession Law
Simple possession of marijuana (cannabis) is a criminal offense in Virginia, defined under Va. Code § 18.2-250.1. The law prohibits knowingly possessing marijuana without a valid prescription. The severity of the charge depends on the amount possessed. Possession of one ounce or less is a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, which carries a potential prison sentence of 1 to 10 years, or at the jury’s discretion, up to 12 months in jail and a fine of up to $2,500.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the statute, see Va. Code § 18.2-250.1 (official Virginia General Assembly). Court information and procedures can be found at the Chesapeake General District Court website.
Chesapeake Court Process for Marijuana Charges
All misdemeanor marijuana possession cases in Chesapeake begin at the Chesapeake General District Court at 307 Albemarle Drive. The Commonwealth’s Attorney prosecutes these cases. A key local procedural fact is that first-time offenders may be eligible for a first-offender program under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion. A cannabis charge defense lawyer Chesapeake can handle this option. The court handles all initial hearings and misdemeanor trials, while felony possession charges may proceed to Chesapeake Circuit Court for a jury trial.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-trial Motions: Your attorney may file motions to suppress evidence if the search or seizure was unlawful.
- Negotiation/Discovery: Your lawyer reviews evidence and negotiates with the prosecutor for a reduction or dismissal.
- Trial or Disposition: If no agreement is reached, your case proceeds to a bench trial in General District Court. For felonies, a preliminary hearing is held first.
Penalties for Marijuana Possession in Chesapeake
In Chesapeake, marijuana possession of one ounce or less is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension* | Criminal record, difficulty finding employment/housing |
| Possession >1 oz – <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 voting rights, firearm rights |
Results may vary. Prior results do not guarantee a similar outcome.
*Driver’s license suspension is mandatory for a conviction but may be discretionary for a first-offender dismissal.
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 your case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand that a marijuana arrest in Chesapeake can upend your life, and we provide vigorous, case-specific defense. Our team includes former prosecutors and a former Virginia State Trooper, offering unique insight into how these cases are built and challenged.
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 and Client Advocacy
Our approach has yielded documented results for clients. In one instance, our team successfully had a felony distribution charge amended to simple possession. In another, a client facing underage alcohol possession charges received a dismissal after completing community service. While every case is unique, our focus is always on achieving the best possible outcome, whether through dismissal, reduction of charges, or acquittal. Results may vary. Prior results do not guarantee a similar outcome.
Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His multi-state practice and experience amending Virginia law bring a high level of authority to our defense strategies.
Marijuana Possession Lawyer Near Chesapeake
Our Richmond location serves clients at the Chesapeake courts on Albemarle Drive, accessible via I-64 and Route 168. We provide legal representation to individuals in Chesapeake, Deep Creek, Great Bridge, and Greenbrier. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Marijuana Possession Defense FAQs
What is the penalty for marijuana possession in Chesapeake, VA?
Possession of one ounce or less is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. Possession of more than one ounce is a felony.
Can I get a marijuana possession charge expunged in Virginia?
It depends. Virginia 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. A marijuana arrest lawyer Chesapeake can advise if your case is eligible.
Do I need a lawyer for a first-time marijuana possession charge?
Yes. Even a first-time misdemeanor carries jail time and creates a permanent criminal record. An attorney can seek a first-offender dismissal, challenge the evidence, and protect your rights throughout the process.
What is the first-offender program for marijuana in Virginia?
Under Va. Code § 19.2-303.2, eligible first-time offenders may have their case deferred. Upon successful completion of terms like community service, the charge is dismissed. This avoids a conviction but requires a guilty plea, which an attorney can help handle.
Will I lose my driver’s license for a marijuana possession conviction?
Yes. A conviction for any drug offense, including misdemeanor marijuana possession, triggers a mandatory six-month driver’s license suspension by the DMV under Va. Code § 18.2-259.1. A dismissal avoids this penalty.
Related Legal Information
If you are facing charges, act quickly. For more information on criminal defense in Virginia, see our Virginia criminal defense lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in Chesapeake, consider our services for DUI defense or reckless driving.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.