Cannabis Possession Lawyer Lexington — What Are Your Defense Options?
Simple marijuana possession in Lexington 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. has documented case results in Lexington.
Virginia Marijuana Possession Law
Virginia law strictly prohibits the possession of marijuana. Simple possession of 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, and possession of one pound or more is a felony with escalating penalties. The statute also prohibits possession with intent to distribute, which carries severe felony penalties. A cannabis arrest lawyer Lexington must understand these distinctions to build an effective defense.
Last verified: April 2026 | Lexington 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 website). Court procedures and forms can be found at the Lexington General District Court website.
Local Court Process for Marijuana Charges
In Lexington, marijuana possession cases begin at the Lexington General District Court at 2 South Main Street. Prosecutors often offer first-time offenders a chance at a deferred disposition under Va. Code § 18.2-251, which can lead to dismissal upon completion of terms like community service and drug education. A marijuana charge defense lawyer Lexington can negotiate this outcome or prepare for trial if the evidence is weak.
- Receive a summons or warrant for possession of marijuana.
- Appear for arraignment at Lexington General District Court to enter a plea.
- Your attorney will review discovery (police reports, lab analysis) and file pre-trial motions.
- Negotiate with the prosecutor for dismissal, reduction, or a first-offender program.
- If no agreement is reached, proceed to a bench trial in GDC or demand a jury trial in Circuit Court.
- If convicted, explore appeals or post-trial motions to mitigate the sentence.
Penalties for Marijuana Possession in Lexington
In Lexington, simple marijuana possession carries up to 30 days in jail and a $500 fine for a first offense, with increased penalties for subsequent convictions or larger amounts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (1st offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, drug education |
| Possession ≤ 1 oz (2nd+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory 6-month suspension | Increased fines, possible jail |
| Possession >1 oz, <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | Mandatory 6-month suspension | Felony record |
| Possession with Intent to Distribute | Felony (varies) | 1-40 years based on weight | Up to $1,000,000 | Mandatory suspension | Severe felony penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the local Lexington court system and the nuances of defending against cannabis charges. Our approach is direct and focused on protecting 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 in Lexington
Our team has achieved favorable outcomes in Lexington-area cases. For example, we have secured dismissals for charges like “No Registration Card/License in Possession” in nearby jurisdictions through motions challenging procedural errors. In drug-related matters, our attorneys, including former prosecutor Kristen Fisher, have successfully argued for first-offender dispositions and evidence suppression. Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Lexington, VA
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We represent individuals in Lexington and surrounding communities. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Frequently Asked Questions
What is the penalty for a first-time marijuana possession charge in Lexington?
Yes, a first offense for possessing one ounce or less is a Class 1 misdemeanor with up to 30 days in jail and a $500 fine. Your driver’s license may also be suspended for six months. A cannabis possession lawyer Lexington can often seek a first-offender dismissal to avoid a permanent conviction.
Can I get a marijuana possession charge expunged in Virginia?
It depends. Expungement under Va. Code § 19.2-392.2 is generally available if the charge was dismissed, you were found not guilty, or a nolle prosequi was entered. Most convictions cannot be expunged. A first-offender dismissal qualifies for expungement one year after the dismissal order.
Do I need a lawyer for a simple marijuana possession ticket?
Yes. Even a misdemeanor conviction creates a permanent criminal record affecting employment, housing, and educational opportunities. A marijuana charge defense lawyer Lexington can challenge the stop or search, negotiate for a dismissal, or guide you through a first-offender program to avoid a conviction.
What is the difference between possession and possession with intent to distribute?
Possession is having marijuana for personal use. Intent to distribute (PWID) is a felony charge based on factors like quantity, packaging, scales, or large amounts of cash. Penalties for PWID are severe, including mandatory minimum prison sentences. An experienced cannabis arrest lawyer Lexington is critical to fight these allegations.
What should I do if I’m arrested for marijuana possession in Lexington?
Remain silent and request an attorney immediately. Do not discuss the case with law enforcement. Contact a defense lawyer as soon as possible. Your attorney will review the arrest details, secure your release, and begin building your defense strategy for your court date at Lexington General District Court.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.