Cannabis Possession Lawyer Chesapeake — What Are Your Defense Options?
Simple possession of marijuana in Chesapeake is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 30 days in jail and a $500 fine for a first offense. Law Offices Of SRIS, P.C. provides dedicated defense for cannabis charges in Chesapeake General District Court.
Last verified: April 2026 | Chesapeake 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, outlines the penalties and provides a first-offender conditional dismissal option. For a first offense, the court may defer proceedings and dismiss the charge upon successful completion of terms such as community service and drug education. Subsequent offenses carry mandatory minimum fines and potential jail time. Possession of more than one ounce is a Class 5 felony. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, uses this detailed knowledge of the statute to build defenses.
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures and filing information for Chesapeake cases can be found at the Chesapeake General District Court website.
Local Defense Strategy in Chesapeake
In Chesapeake General District Court, prosecutors routinely offer first-offender programs for eligible defendants. A key local procedural fact is that the court at 307 Albemarle Drive handles all misdemeanor marijuana possession trials. Success often depends on filing pre-trial motions to suppress evidence if the search violated the Fourth Amendment. The Commonwealth’s Attorney for Chesapeake evaluates each case based on evidence and the defendant’s record.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will obtain and review all police reports and evidence.
- File necessary pre-trial motions, such as a motion to suppress evidence.
- Negotiate with the Commonwealth’s Attorney for a dismissal or reduced charge.
- If no agreement is reached, prepare for and present a defense at trial.
- If convicted, advocate for the most favorable sentence, including first-offender dismissal.
Potential Penalties for Marijuana Possession in Chesapeake
In Chesapeake, simple marijuana possession carries a penalty of up to 30 days in jail and a $500 fine for a first offense, with increased penalties for subsequent convictions.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (≤ 1 oz) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Conditional dismissal possible |
| Second Offense (≤ 1 oz) | Class 1 Misdemeanor | Up to 30 days (mandatory min 5 days possible) | $250 – $2,500 | Possible 6-month suspension | Criminal record |
| Possession > 1 oz | Class 5 Felony | 1 – 10 years (or up to 12 months) | Up to $2,500 | Possible 6-month suspension | Felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Charges
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment. We have a documented result in Chesapeake with a 100% favorable outcome rate for the cases we track. Our team includes former prosecutors who understand how the other side builds a case. Mr. Sris, the firm’s founder, has a background in accounting and information systems, which provides a unique advantage in cases involving complex evidence.
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 a documented result in Chesapeake with a 100% favorable outcome rate for the cases we track. In one instance, a charge was taken under advisement and dismissed upon the client’s completion of community service. Results may vary. Prior results do not guarantee a similar outcome. Our broader firm-wide experience includes over 4,739 case results across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate.
Local Defense Near You
Our Richmond location serves clients facing charges at the Chesapeake General District Court. We are your local cannabis possession lawyer Chesapeake, near the courthouse on Albemarle Drive and accessible via I-64, I-464, and Route 168. We serve clients throughout Chesapeake, Deep Creek, Great Bridge, and Greenbrier. We offer 24/7 phone consultations — meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Chesapeake, Virginia?
A Class 1 misdemeanor in Chesapeake 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 are heard at Chesapeake General District Court (307 Albemarle Drive).
Can criminal charges be expunged in Chesapeake, 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 Chesapeake Circuit Court. First-offense marijuana possession may qualify for dismissal through a first-offender deferred disposition, which can then lead to expungement eligibility.
Do I need a criminal defense lawyer for a marijuana charge in Chesapeake?
Yes. Even a first-offense marijuana charge is a criminal misdemeanor that creates a permanent record visible to employers and can result in jail time and driver’s license suspension. A cannabis possession lawyer Chesapeake can fight for a dismissal or reduced charge. The Commonwealth’s Attorney prosecutes these cases at Chesapeake General District Court.
What is the difference between GDC and Circuit Court in Chesapeake?
Chesapeake General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Chesapeake 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. A marijuana possession lawyer Chesapeake can represent you in either court.
How does bail work in Chesapeake, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Chesapeake. Secured bond (a bail bondsman charges about 10%) is typical for felonies. Bond can be appealed to Chesapeake General District Court. A cannabis arrest lawyer Chesapeake can assist with the bond hearing process.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. In Chesapeake, we also handle DUI/DWI and reckless driving cases.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.