Cannabis Possession Lawyer Arlington County — What Are Your Defense Options?
Simple possession of marijuana is a Class 1 misdemeanor in Arlington County 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 defending cannabis charges at Arlington County General District Court.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Law on Cannabis Possession
Virginia law strictly prohibits the possession of marijuana without a valid medical prescription. The primary statute, Va. Code § 18.2-250.1, defines simple possession as knowingly possessing marijuana without authorization. The severity of the charge depends on the amount. 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, punishable by 1 to 10 years in prison. Possession of one pound or more is a Class 1 felony, carrying a potential life sentence. The law also prohibits possession with intent to distribute, which carries even harsher penalties. For official text, see Va. Code § 18.2-250.1 (official Virginia General Assembly).
Arlington County Court Process for Marijuana Charges
All misdemeanor marijuana possession cases in Arlington County begin at the Arlington County General District Court located at 1425 N. Courthouse Rd, Suite 2400. The Commonwealth’s Attorney for Arlington County prosecutes these cases. For a cannabis arrest lawyer Arlington County, the first critical step is the arraignment, where you enter a plea. Prosecutors in this court often consider first-offender diversion programs under Va. Code § 19.2-303.2 for eligible defendants, which can lead to dismissal upon successful completion.
- Receive a summons or are arrested and taken before a magistrate.
- Attend your arraignment at Arlington County GDC to hear the formal charge and enter a plea.
- Your attorney files pre-trial motions, such as to suppress evidence from an illegal search.
- Negotiate with the prosecutor for a reduction, dismissal, or diversion program.
- Proceed to a bench trial before a judge if no acceptable plea agreement is reached.
- If convicted, you have 10 days to appeal for a new jury trial in Arlington County Circuit Court.
For court-specific information, visit the Arlington County General District Court website.
Penalties for Marijuana Possession in Arlington
In Arlington County, simple marijuana possession of 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.
| 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, employment issues |
| Possession >1 oz to <1 lb | Class 5 Felony | 1-10 years (or up to 12 mos.) | Up to $2,500 | Mandatory 6-month suspension | Felony record, loss of rights |
| Possession with Intent to Distribute | Felony (varies by amount) | 5-40 years | Variable | Mandatory suspension | Severe federal implications |
Results may vary. Prior results do not guarantee a similar outcome.
Our Defense Approach for Marijuana Charges
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to drug defense cases. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how the Commonwealth builds its cases. We meticulously examine every detail, from the initial traffic stop or encounter to the laboratory analysis of the substance. We aggressively challenge the probable cause for the search, the procedures used during the seizure, and the integrity of the evidence. Our goal is to secure the best possible outcome, whether that is a complete dismissal, a reduction to a non-drug offense, or entry into a diversion program that protects your record.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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 in Arlington County
Our firm has a documented record of defending drug-related charges in Arlington County. While every case is unique, our strategic approach focuses on challenging the legality of police searches and the sufficiency of the evidence. We have successfully argued motions to suppress, skilled to dismissals when evidence was obtained improperly. In other cases, we have negotiated for clients to enter first-offender programs, resulting in dismissed charges after completion. For a marijuana charge defense lawyer Arlington County, understanding local prosecutor tendencies and judicial preferences is key to building an effective defense strategy.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Our Arlington location serves clients at the Arlington County courts. We provide representation for residents of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. As a local cannabis possession lawyer Arlington County, we offer accessible counsel for those facing marijuana charges.
Frequently Asked Questions
Is marijuana possession a felony in Arlington County, VA?
It depends on the amount. Possession of one ounce or less is a Class 1 misdemeanor. Possession of more than one ounce is a felony.
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. A first-offense marijuana possession dismissed through a diversion program may qualify for expungement.
What should I do if I am arrested for cannabis possession in Arlington?
Remain silent and request an attorney immediately. Do not discuss the case with law enforcement. Contact a cannabis arrest lawyer Arlington County as soon as possible to begin building your defense, focusing on the circumstances of your stop and search.
Do I need a lawyer for a first-time marijuana possession charge?
Yes. Even a first-time misdemeanor carries up to 12 months in jail and creates a permanent criminal record. A lawyer can seek diversion to avoid a conviction.
What are the defenses to a marijuana possession charge?
Common defenses include challenging the legality of the stop or search (Fourth Amendment), arguing the substance was not in your possession, questioning the chain of custody of the evidence, or proving you have a valid medical prescription.