Cannabis Possession Lawyer Fauquier County — What Are Your Defense Options?
Simple marijuana possession in Fauquier County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. provides strong defense for cannabis charges at Fauquier County General District Court. Our cannabis possession lawyer Fauquier County team offers 24/7 consultations.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid medical prescription. The specific statute, Va. Code § 18.2-250.1, defines the offense and its penalties. Possession of any amount up to one ounce 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. The law distinguishes between simple possession and possession with intent to distribute, which carries more severe penalties.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures and forms are available through the Fauquier County General District Court website.
Defending a Marijuana Charge in Fauquier County
Prosecutors at the Fauquier County Commonwealth’s Attorney’s office handle marijuana possession cases. A strong defense often challenges the legality of the search that discovered the substance. The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement lacked probable cause or a valid warrant, the evidence may be suppressed, skilled to a case dismissal.
- Secure legal representation immediately after arrest or receiving a summons.
- Your attorney will file a motion for discovery to review the prosecution’s evidence.
- Evaluate potential defenses, such as challenging the search or chain of custody.
- Negotiate with the prosecutor for a reduction, diversion program, or dismissal.
- Prepare for trial if a favorable plea agreement cannot be reached.
Penalties for Marijuana Possession in Fauquier County
In Fauquier County, simple marijuana possession is a Class 1 misdemeanor with a maximum penalty of 12 months in jail and a $2,500 fine, plus a mandatory six-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Permanent criminal record |
| Possession >1 oz – <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month mandatory suspension | Felony record, loss of rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have documented results across Virginia, including favorable outcomes in drug possession cases. Our team understands the local court procedures and works to protect your rights and 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
Our firm has a documented record of achieving favorable results for clients. In one instance, our team successfully negotiated a reduction for a client facing a drug-related charge. In another, we secured a dismissal for a client charged with a possession offense after challenging the evidence. We also work closely with experienced attorneys like Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions, to build strong defense strategies.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County Cannabis Possession Lawyer
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. If you need a marijuana charge defense lawyer Fauquier County or a cannabis arrest lawyer Fauquier County, contact us for a near-me consultation.
We serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County 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 Fauquier County General District Court.
Can criminal charges be expunged in Fauquier County, 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 Fauquier County Circuit Court. First-offense marijuana possession may qualify through a deferred disposition or first offender program.
Do I need a criminal defense lawyer for a marijuana charge in Fauquier County?
Yes. Even a simple possession charge is a Class 1 misdemeanor with potential jail time and a mandatory driver’s license suspension. A permanent record can affect employment and housing. A cannabis possession lawyer Fauquier County can challenge the evidence and seek alternatives like diversion programs.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court (GDC) handles misdemeanor trials and felony preliminary hearings. Fauquier County 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.
What should I do if I am arrested for cannabis possession?
First, remain silent and request an attorney. Do not discuss the case with anyone. Contact a cannabis arrest lawyer Fauquier County immediately. Your attorney will advise you on the next steps, which may include a bond hearing and reviewing the evidence against you for potential defenses.
Related Legal Information
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Fairfax County. If you are facing other charges, explore our services for DUI defense in Fauquier County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.