Marijuana Possession Lawyer Fairfax County, VA

Virginia legalized adult possession of up to one ounce of marijuana in 2021, but law enforcement in Fairfax County continues to make arrests for possession over the legal limit, public consumption, and other cannabis-related offenses. If you are facing a marijuana possession charge in Fairfax County, the consequences can include a criminal record, fines, and potential jail time. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys provide experienced defense representation to individuals charged with marijuana possession in Fairfax County General District Court, Fairfax County Circuit Court, and surrounding courts. Mr. Sris, a former prosecutor, founded the firm in 1997 and has guided the defense strategy in many criminal matters. Our Fairfax location serves clients across Northern Virginia, including Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Springfield, and Annandale. We understand the local court procedures and work to protect our clients’ rights. To discuss your case, call (888) 437-7747 for a consultation by appointment. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

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What Marijuana Possession Means in Fairfax County

Under Virginia law, adults 21 and older may legally possess up to one ounce of cannabis. However, possession of between one and four ounces can result in a civil penalty of up to $25, and possession of more than four ounces is a criminal offense, typically charged as a Class 1 misdemeanor for a first offense, carrying a maximum sentence of 12 months in jail and a fine of up to $2,500. Subsequent offenses may be charged as a Class 6 felony. Additionally, public consumption of marijuana remains illegal, as does underage possession, which is a Class 1 misdemeanor.

Fairfax County prosecutes marijuana possession cases through the Fairfax County General District Court for misdemeanors and the Fairfax County Circuit Court for felony charges. The Commonwealth’s Attorney for Fairfax County handles prosecutions. Cases are heard at the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. The court serves a large and diverse population, and judges have significant discretion in sentencing and in considering diversionary programs, such as the first-offender deferred disposition under Va. Code § 18.2-251, which can result in dismissal of the charge upon successful completion of conditions.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Marijuana Possession Cases

When you engage the firm for a marijuana possession defense, Mr. Sris and the firm’s Of Counsel attorneys begin by thoroughly reviewing the circumstances of the stop, search, and arrest. They examine whether law enforcement followed constitutional procedures, whether evidence was lawfully obtained, and whether any procedural violations may warrant suppression of evidence or dismissal of the charge. The team also explores all available pretrial diversion options, including the first-offender program under Va. Code § 18.2-251, which allows eligible defendants to complete treatment and supervision requirements in exchange for dismissal of the charge.

If trial is necessary, the attorneys prepare for active litigation, challenging the prosecution’s evidence through motions and cross-examination. The firm’s Of Counsel attorneys include a former Virginia State Trooper with first-hand knowledge of police procedures, which can identify weaknesses in the prosecution’s case. Throughout the process, the attorneys keep the client informed and work toward the most favorable resolution, whether that means dismissal, reduced charges, or acquittal at trial.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who established the firm in 1997. He has guided the defense strategy in criminal matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. His legislative involvement includes testifying before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to marijuana possession defense. The Of Counsel team includes a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, offering insight into law enforcement methods and prosecutorial strategy. Collectively, they concentrate on criminal defense, traffic matters, and related practice areas. Results may vary.

Frequently Asked Questions

Is marijuana possession still a crime in Fairfax County, Virginia?

Possession of up to one ounce of cannabis by adults 21 and older is legal in Virginia, but possession over the legal limit, public consumption, and underage possession remain criminal or civil violations. Charges for possession of more than four ounces are prosecuted as misdemeanors or felonies in Fairfax County General District Court or Circuit Court. Law enforcement continues to make arrests for these offenses. The penalties can include fines, jail, and a criminal record.

What are the penalties for marijuana possession in Fairfax County?

A first-offense possession of more than four ounces is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. Possession of one to four ounces results in a civil penalty of up to $25. Underage possession is a Class 1 misdemeanor. Subsequent offenses may be charged as a Class 6 felony, carrying 1 to 5 years in prison. The court may also order community service and substance abuse education. Defendants may be eligible for a deferred disposition that can lead to dismissal upon successful completion of required conditions.

Can a marijuana possession charge be expunged in Fairfax County?

Expungement is available in Virginia for charges that are dismissed, nolle prossed, or result in an acquittal, under Va. Code § 19.2-392.2. If a conviction is entered, expungement is generally not permitted unless the conviction is later overturned on appeal or set aside. For first-time offenders who complete a deferred disposition program and receive a dismissal, the charge may be eligible for expungement. An attorney can help determine eligibility and file the necessary petition in Fairfax County Circuit Court.

How can a lawyer help defend against a marijuana possession charge?

An experienced defense attorney can challenge the evidence by examining whether the police had probable cause for the stop or search, whether any confession was voluntary, and whether the chain of custody for the substance was properly maintained. The attorney may negotiate with the prosecutor for a reduction or dismissal of the charge, advocate for entry into a diversion program, and, if trial is necessary, present a strong defense. Legal representation can also help you understand the long-term consequences of a conviction and avoid missteps.

Do I need a lawyer if I’m charged with marijuana possession in Fairfax County?

While you have the right to represent yourself, marijuana possession charges carry potential jail time, fines, and a permanent criminal record that can affect employment, housing, and professional licenses. A lawyer can navigate the court system, protect your rights, and pursue favorable outcomes. Early involvement by counsel can make a significant difference in the resolution. You can contact Law Offices Of SRIS, P.C. at (888) 437-7747 to speak with an attorney about your case.

What should I do if I’m facing a marijuana possession charge in Fairfax County?

If you are arrested or cited, remain silent and do not discuss the case with anyone except your attorney. Preserve any relevant documents or evidence. Contact a criminal defense lawyer as soon as possible to review the charges and explore your options. Do not miss any court dates, as failure to appear can result in additional charges. Your attorney can advise you on how to proceed and may be able to appear on your behalf for certain proceedings.

For official information, see the Virginia Code Title 4.1 (Cannabis Control Act) and the Fairfax County General District Court website.

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