Cannabis Possession Lawyer Orange County — What Are Your Defense Options?
Simple marijuana possession in Orange County, Virginia, 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 defense for these charges at the Orange County General District Court.
Last verified: April 2026 | Orange County General District Court | Virginia General Assembly
Virginia Marijuana Possession Law
Virginia law classifies simple possession of marijuana (cannabis) as a criminal offense. Under Va. Code § 18.2-250.1, possession of up to one ounce by an adult is a Class 1 misdemeanor. Penalties increase for larger amounts or subsequent offenses. The law distinguishes simple possession from possession with intent to distribute, which is a felony. Defenses often focus on the legality of the stop and search, as the Fourth Amendment requires probable cause. A cannabis possession lawyer Orange County reviews these details to protect your rights.
Local Court Process for Marijuana Charges
Marijuana possession cases in Orange County begin at the Orange County General District Court located at 110 N. Madison Road. The Commonwealth’s Attorney prosecutes these cases. For many first-time offenders, the court may offer a first-offender program under Va. Code § 18.2-251, which can lead to dismissal upon completion of terms like community service. An experienced marijuana charge defense lawyer Orange County can negotiate for this outcome or challenge the evidence at a trial.
- Receive a summons or warrant for a possession charge.
- Appear for arraignment at Orange County General District Court to enter a plea.
- Your attorney files pre-trial motions, such as to suppress illegally obtained evidence.
- Negotiate with the prosecutor for a reduction, dismissal, or first-offender program.
- Proceed to a bench trial in GDC if no agreement is reached.
- If convicted, you may appeal to the Orange County Circuit Court for a new trial.
Penalties for Cannabis Possession in Virginia
In Orange County, a first-offense marijuana possession charge carries up to 30 days in jail and a $500 fine, with penalties escalating for subsequent offenses or larger amounts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of ≤ 1 oz (first offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible DMV points | Criminal record |
| Possession of ≤ 1 oz (second+ offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible DMV points | Criminal record |
| Possession of > 1 oz | Class 5 Felony | 1-10 years* | Up to $2,500 | N/A | Felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Defense Approach for Orange County Marijuana Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into how these cases are built. We examine every detail—from the traffic stop’s justification to the chain of custody for the alleged substance. We have secured dismissals and favorable outcomes for clients facing drug charges. For instance, attorney Bryan Block, a former trooper with 15 years of law enforcement experience, understands the protocols officers must follow and can identify procedural weaknesses in the prosecution’s case.
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 and Client Advocacy
Our firm has a documented record of results in drug-related cases. While every case is unique, our approach focuses on aggressive defense and exploring all legal avenues, from pre-trial motions to negotiation. A cannabis arrest lawyer Orange County from our team will work to protect your future. We understand that a conviction can affect employment, housing, and educational opportunities.
Results may vary. Prior results do not guarantee a similar outcome.
Orange County Cannabis Possession Defense Lawyers
Our Fairfax location serves clients in Orange County, including the communities of Orange and Gordonsville. We are accessible via Route 15 and other major highways. If you need a cannabis possession lawyer Orange County near the Orange County Courthouse, contact us for a consultation.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
Is marijuana possession still a crime in Virginia?
Yes. While Virginia decriminalized simple possession of up to one ounce for adults in 2021, it remains a civil violation punishable by a $25 fine. However, possession of any amount by a minor or possession of more than one ounce by an adult is still a criminal offense under Va. Code § 18.2-250.1.
Can I get a marijuana possession charge expunged in Orange County?
It depends. If the charge is dismissed (e.g., through a first-offender program) or you are found not guilty, you can petition for expungement under Va. Code § 19.2-392.2. A conviction for simple possession is generally not eligible for expungement in Virginia. A lawyer can advise on your specific eligibility.
What is the first-offender program for marijuana in Virginia?
Virginia’s first-offender program, under Va. Code § 18.2-251, allows a judge to defer finding guilt for certain first-time drug offenses. Upon successful completion of terms like probation, community service, and drug education, the charge is dismissed. This is a key goal for a marijuana charge defense lawyer Orange County.
What should I do if I’m arrested for cannabis possession in Orange County?
Do not speak to law enforcement about the case beyond identifying yourself. Politely invoke your right to remain silent and your right to an attorney. Contact a cannabis arrest lawyer Orange County as soon as possible. We are available 24/7 at (888) 437-7747 to begin building your defense.
Can the police search my car if they smell marijuana?
No. In Virginia, the odor of marijuana alone no longer establishes probable cause for a search of a person or vehicle, according to court rulings and updated law enforcement guidelines. An attorney can file a motion to suppress evidence from an illegal search.
Related Legal Information
For more on Virginia drug laws, visit the official Virginia Code and the Virginia Courts website. If you are facing other charges, explore our pages for a Criminal Defense Lawyer in Fairfax County or a DUI Lawyer in Orange County. Learn more about our firm on our Virginia Criminal Defense hub page.
Last verified: April 2026. Information is subject to change. Consult with an attorney for current legal advice.