Marijuana Possession Lawyer Virginia Beach, VA
When you face a marijuana possession charge in Virginia Beach, you need a defense team that understands both the state’s evolving cannabis laws and the local court system. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel concentrate their practice on criminal defense, including marijuana possession cases. Virginia law has changed significantly in recent years—adult possession of up to one ounce is now legal, but possession above that amount remains subject to civil penalties or criminal charges depending on the quantity. Our attorneys appear regularly in the Virginia Beach General District Court and Virginia Beach Circuit Court, advocating for favorable outcomes. To discuss your situation with a dedicated marijuana possession lawyer, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Marijuana Possession Means in Virginia Beach
Virginia decriminalized adult possession of up to one ounce of marijuana in July 2021 under the Cannabis Control Act (Va. Code § 4.1-1100 et seq.). However, possession of larger amounts remains enforceable. Possession of between one and four ounces is a civil violation punishable by a fine of up to $25. Possession of more than four ounces, or possession with intent to distribute, is prosecuted as a criminal offense—typically a Class 1 misdemeanor carrying up to 12 months in jail and a fine under Virginia law. Public consumption, underage possession, and driving under the influence of marijuana are also prosecuted in Virginia Beach.
Cases are heard at the Virginia Beach General District Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456) for misdemeanors and preliminary felony hearings, while the Virginia Beach Circuit Court handles felony trials and appeals. The Commonwealth’s Attorney for Virginia Beach prosecutes these cases. Mr. Sris and his Of Counsel understand the local procedures and work to challenge the evidence, negotiate with prosecutors, and pursue diversionary programs when available—such as the first-offender deferred disposition under Va. Code § 18.2-251, which can lead to dismissal and expungement for eligible defendants.
How Mr. Sris and His Of Counsel Handle Marijuana Possession Cases
From the moment we are engaged, Mr. Sris and his Of Counsel begin building a thorough defense. We examine every aspect of the arrest and investigation—including the legality of the traffic stop, the search of the person or vehicle, and the handling of any evidence. In many marijuana possession cases, constitutional violations can lead to suppression of evidence or dismissal. We also review whether the amount possessed truly exceeds the decriminalized threshold, because even a small miscalculation can change a civil fine into a criminal charge.
Our approach includes negotiation with the Commonwealth’s Attorney to seek a reduction or dismissal, and we prepare each case as if it will go to trial. When appropriate, we advocate for pretrial diversion or the first-offender program under Va. Code § 18.2-251, which, upon successful completion, results in the charge being dismissed and the record eligible for expungement. Because Mr. Sris’s practice keeps his caseload small, he provides focused attention to each client, supported by Of Counsel attorneys who bring decades of combined criminal defense experience.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated on criminal defense since founding the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His team includes Of Counsel attorneys with extensive experience in Virginia criminal courts, including a former Virginia State Trooper whose law-enforcement background provides unique insight into how police agencies build their cases.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team has documented 8 case results in Virginia Beach across all practice areas, all with favorable outcomes. When you work with our firm, you gain a team that understands both the statutes and the practical realities of the Virginia Beach courts.
Frequently Asked Questions
What is the penalty for marijuana possession over four ounces in Virginia Beach?
Possession of more than four ounces of marijuana is a criminal offense. It is typically charged as a Class 1 misdemeanor, which carries a maximum sentence of 12 months in jail and a fine under Virginia law. The case is heard in Virginia Beach General District Court unless it is a felony charge, which would proceed to the Virginia Beach Circuit Court.
Can a marijuana possession charge be expunged in Virginia Beach?
Yes, if the charge is dismissed, nolle prossed, or results in an acquittal, you may petition the Virginia Beach Circuit Court for expungement under Virginia law. A successful first-offender disposition under Va. Code § 18.2-251 also may lead to dismissal and eligibility for expungement. An experienced attorney can help you navigate the process.
How does a lawyer defend against marijuana possession charges?
Defense strategies include challenging the legality of the traffic stop, the search, or the seizure of evidence. We also examine whether the prosecution can prove that the quantity exceeded the decriminalized amount, or whether the substance was actually marijuana. In appropriate cases, we advocate for diversion programs that can lead to dismissal.
Do I need a lawyer for a marijuana possession charge in Virginia Beach?
Yes. Even a criminal misdemeanor conviction can create a permanent record that affects employment, housing, and educational opportunities. A lawyer can evaluate the evidence, negotiate with the prosecutor, and represent you at trial if necessary. Early intervention may increase the chance of a favorable resolution.
What should I do if I am facing marijuana possession charges in Virginia Beach?
Contact a lawyer immediately. Do not discuss the facts of your case with anyone other than your attorney. Preserve any documents or communications that may be relevant. Be aware that court deadlines move quickly in the General District Court, so prompt action is important.
What is the difference between the General District Court and the Circuit Court in Virginia Beach?
The Virginia Beach General District Court handles misdemeanor trials and preliminary hearings for felony charges. The Virginia Beach Circuit Court conducts felony jury trials and hears appeals from the General District Court. In any case carrying the possibility of jail time, you have the right to a trial by jury in the Circuit Court.
Primary legal sources: Virginia Code Title 4.1 (Cannabis Control) · Virginia Beach General District Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.