Marijuana Possession Lawyer Lexington, VA
A marijuana possession charge in Lexington, Virginia, can bring uncertainty about the legal process and what comes next. Virginia law now treats possession of small amounts differently than it did before July 1, 2021, but charges for amounts above the legal threshold remain serious. At Law Offices Of SRIS, P.C., we represent people facing possession charges in the Lexington City General District Court and Lexington City Circuit Court. Our firm has documented 14 case results in Lexington City across all practice areas, with favorable outcomes in all reported instances. Results may vary. We concentrate on building a thorough defense grounded in an understanding of how the Commonwealth’s Attorney prosecutes these matters in the Twenty-fifth Judicial District. Reach our Shenandoah location at (888) 437-7747 to schedule a consultation.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Marijuana Possession Charges in Lexington, Virginia
Under Va. Code § 4.1-1100 et seq., adults 21 and older may lawfully possess up to one ounce of cannabis in a private residence or other lawful location. Public possession of up to one ounce is a civil violation subject to a monetary penalty; possession of more than one ounce but not more than four ounces is a civil penalty as well. Criminal charges for marijuana possession arise when the amount exceeds four ounces or when the person allegedly possesses marijuana with intent to distribute. The Lexington City General District Court generally hears misdemeanor possession cases, while felony charges—such as possession with intent to distribute—proceed to the Lexington City Circuit Court. Each case is prosecuted by the Commonwealth’s Attorney for Lexington.
A conviction for marijuana possession can result in incarceration, fines, and a permanent criminal record. A Class 1 misdemeanor in Virginia carries up to 12 months in jail and a $2,500 fine; a Class 6 felony carries one to five years. The stakes are high even for a first offense. Because the law distinguishes between simple possession and possession with intent to distribute, the quantity, packaging, and other evidence seized often shape the charge. Our attorneys examine how the stop occurred, whether the evidence was lawfully obtained, and whether the charged amount meets the statutory threshold. A well-prepared defense can often lead to a reduction or dismissal—or, in some circumstances, to a deferred disposition under Va. Code §Va. Code ? 18.2-251 that results in a dismissal after probation.
How Law Offices Of SRIS, P.C. handles Marijuana Possession Defense
When you contact our firm about a marijuana possession matter in Lexington, we begin with a detailed review of the arrest and charging documents. We look at whether law enforcement had reasonable suspicion to initiate the stop and probable cause to search. Any irregularity in the chain of custody or in the handling of the alleged marijuana can weaken the prosecution’s case. We also assess whether the amount charged meets the legal definition for the offense—a critical issue because the quantity drives the classification. In Lexington City General District Court, where most misdemeanor possession cases are resolved, the Commonwealth’s Attorney has discretion to amend or reduce charges. We work to present mitigating factors and to negotiate outcomes that protect your record and your future.
If the charge cannot be resolved favorably at the General District Court level, you have the right to appeal to Lexington City Circuit Court for a new trial. Our team is prepared to take the case through each stage, challenging evidence, cross-examining witnesses, and advocating for the most favorable resolution possible. Throughout the process, we explain each step, answer your questions, and make sure you understand the potential consequences of any decision.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand insight into how law enforcement and prosecution build cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His approach to defense emphasizes attention to detail and a thorough understanding of the legal standards that govern search, seizure, and the sufficiency of evidence.
Mr. Sris and his Of Counsel team bring extensive combined legal experience to criminal defense matters. Results may vary. The team includes a former Virginia State Trooper whose knowledge of law enforcement procedures adds a practical dimension to our defense strategies. We handle cases from our Shenandoah location at 505 N Main St, Suite 103, Woodstock, VA 22664, and serve clients throughout the Lexington and Rockbridge County communities by appointment. Call (888) 437-7747 to request a consultation.
Frequently Asked Questions
Is marijuana possession still a crime in Lexington, Virginia?
Possession of more than four ounces of marijuana remains a criminal offense in Virginia. Adults 21 and older may lawfully possess up to one ounce; possession of one to four ounces is a civil violation. Criminal charges are possible when the amount exceeds four ounces or when the state alleges intent to distribute. Even a first-offense criminal possession charge can carry jail time and a fine.
What court hears marijuana possession cases in Lexington?
Misdemeanor marijuana possession charges are generally heard in Lexington City General District Court, while felony charges proceed to Lexington City Circuit Court. The General District Court is located at 2 South Main Street, Lexington, VA 24450. If a case is not resolved in General District Court, the defendant may appeal to the Circuit Court for a new trial. Both courts are within the Twenty-fifth Judicial District, and the Commonwealth’s Attorney for Lexington prosecutes the cases.
Can a marijuana possession charge be dismissed in Lexington?
Yes, a marijuana possession charge may be dismissed if the evidence is insufficient, if the search was unlawful, or through a deferred disposition or plea agreement. Virginia law allows a first-offense possession charge to be deferred and later dismissed upon successful completion of probation under Va. Code §Va. Code ? 18.2-251. An experienced attorney can evaluate whether a challenge to the stop or evidence, or a negotiated resolution with the prosecutor, is appropriate in your situation.
What should I do if I am charged with marijuana possession in Lexington?
Contact a criminal defense attorney as soon as possible after an arrest or receipt of a summons. Do not discuss the facts of the case with law enforcement or anyone else before speaking with your lawyer. Preserve any documents, messages, or photographs that might be relevant. Prompt legal guidance helps you understand the charge, the potential penalties, and the options available for your defense.
How much does a marijuana possession lawyer cost in Lexington, Virginia?
The cost of legal representation for a marijuana possession charge varies depending on the complexity of the case and the stage at which it is resolved. At Law Offices Of SRIS, P.C., we discuss fees during the initial consultation so that you know what to expect. Reach our Shenandoah location at (888) 437-7747 to schedule a consultation and learn more about how we can assist.
Do I need a lawyer for a marijuana possession charge in Lexington?
While you have the right to represent yourself, a marijuana possession conviction can result in a permanent criminal record, jail time, and fines, so having an experienced attorney is strongly advisable. An attorney examines the evidence, identifies legal issues, and negotiates with the prosecutor. Even a seemingly minor charge can affect employment, housing, and professional licenses. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
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Additional resources:
Virginia Cannabis Control Act (Va. Code Title 4.1, Chapter 11) |
Lexington Circuit Court |
Lexington General District Court
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Results may vary.
Case results depend on a variety of factors unique to each case.