Marijuana Possession Lawyer Virginia Beach — What Are Your Defense Options?
Simple marijuana possession in Virginia Beach is a civil violation under Va. Code § 18.2-250.1, punishable by a $25 fine for a first offense. However, possession with intent to distribute (PWID) is a felony. Law Offices Of SRIS, P.C. provides defense for all cannabis charges in Virginia Beach General District Court.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Virginia law distinguishes between simple possession and possession with intent to distribute marijuana. Simple possession of one ounce or less is a civil offense. Possession of more than one ounce, or any amount with evidence of intent to sell, is a criminal charge. The statute governing simple possession is Va. Code § 18.2-250.1. For distribution charges, the relevant law is Va. Code § 18.2-248.1. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, defends clients against these charges.
Virginia Beach Court Process for Marijuana Charges
All misdemeanor marijuana possession and felony distribution charges begin at the Virginia Beach General District Court. Prosecutors must prove you knowingly and intentionally possessed the substance. A strong defense often involves challenging the legality of the search or seizure that found the marijuana. For a first-time simple possession charge, the court may offer a deferred disposition.
- Receive a summons or warrant for a marijuana charge.
- Attend your arraignment at Virginia Beach General District Court to enter a plea.
- Your attorney will file motions to suppress evidence if the search was unlawful.
- Negotiate with the Commonwealth’s Attorney for a reduction or dismissal.
- Proceed to a bench trial in General District Court or demand a jury trial in Circuit Court.
- If convicted, your attorney can argue for minimal penalties or explore expungement options.
Penalties for Marijuana Offenses in Virginia Beach
In Virginia Beach, penalties for marijuana offenses range from a small civil fine for simple possession to decades in prison for large-scale distribution.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (1st offense) | Civil Violation | None | $25 | None | No criminal record |
| Possession ≤ 1 oz (2nd+ offense) | Class 4 Misdemeanor | None | Up to $250 | None | Criminal record |
| Possession > 1 oz ≤ 1 lb | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | Permanent criminal record |
| Possession with Intent to Distribute (PWID) | Felony (Class 5/6) | 1-10 years | Up to $2,500 | Mandatory suspension | Felony record, asset forfeiture |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Virginia Beach Marijuana Cases
Founded in 1997, 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. In Virginia Beach, we have documented results defending against drug charges. Our approach is direct: we analyze police reports, challenge procedural errors, and negotiate aggressively to protect your future.
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 for Drug Charges
Our attorneys have successfully defended clients against serious drug allegations. In Fairfax County General District Court, we have secured amendments of felony distribution charges down to simple possession. In another case, a charge was taken under advisement and dismissed after community service. 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.
Marijuana Possession Defense Near Virginia Beach
Our Richmond location serves clients facing charges at Virginia Beach General District Court. We are accessible via I-264 and I-64. If you need a marijuana arrest lawyer Virginia Beach, contact us for a consultation. We serve Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Virginia Beach Marijuana Possession Lawyer FAQ
Is marijuana possession a crime in Virginia Beach?
No, for a first offense. Possession of one ounce or less of marijuana is a civil violation, not a crime, punishable by a $25 fine under Va. Code § 18.2-250.1. However, a second offense is a misdemeanor, and possession of more than one ounce remains a criminal charge.
Can I get a marijuana possession charge expunged in Virginia Beach?
It depends. If the charge was dismissed, you were found not guilty, or it was nolle prossed, you can petition for expungement under Va. Code § 19.2-392.2. A civil violation for first-offense possession does not create a criminal record to expunge. A marijuana possession lawyer Virginia Beach can file the necessary petition in Virginia Beach Circuit Court.
What is the penalty for possession with intent to distribute marijuana?
Possession with intent to distribute (PWID) marijuana is a felony. A Class 5 felony carries 1 to 10 years in prison and a fine up to $2,500. Penalties increase with quantity and prior offenses. A cannabis charge defense lawyer Virginia Beach is critical for these serious charges.
Do I need a lawyer for a simple $25 marijuana ticket?
Yes. While the fine is small, a second offense becomes a misdemeanor. A lawyer can ensure the charge is properly recorded as a civil violation and advise you on the consequences. For any more serious charge, having a marijuana arrest lawyer Virginia Beach is essential.
What defenses are there against marijuana charges?
Common defenses include challenging the legality of the traffic stop or search that discovered the marijuana, arguing a lack of knowledge or intent to possess, or questioning the chain of custody of the evidence. An attorney will review all circumstances to build your defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.