Cannabis Possession Lawyer Henrico County — What Are Your Defense Options?
Simple marijuana possession in Henrico County 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. A cannabis possession lawyer Henrico County from Law Offices Of SRIS, P.C. is essential to challenge the evidence and seek dismissal or a first-offender program.
Virginia Marijuana Possession Law
Virginia law prohibits the possession of marijuana without a valid prescription. The specific statute, Va. Code § 18.2-250.1, defines the offense and its penalties. While recent legislation has decriminalized simple possession of small amounts (under one ounce) to a civil penalty, possession of more than one ounce remains a criminal misdemeanor, and possession with intent to distribute is a felony. The law is nuanced, and charges often depend on the amount, packaging, and circumstances.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-250.1 (official Virginia General Assembly). Court procedures and local rules are managed by the Henrico County General District Court.
Local Defense Strategy in Henrico County
In Henrico County, prosecutors at the General District Court on East Parham Road routinely handle marijuana cases. A key local procedural fact is the availability of first-offender programs under Va. Code § 18.2-251, which can lead to dismissal upon completion of terms. A cannabis arrest lawyer Henrico County must immediately scrutinize the search and seizure that led to the charge, as Fourth Amendment violations are a common defense.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file a motion for discovery to review the prosecution’s evidence.
- We will challenge the legality of the stop, search, or seizure if applicable.
- Negotiate with the Commonwealth’s Attorney for a favorable disposition, such as a first-offender program or reduction.
- If no favorable plea is possible, prepare for and proceed to trial in Henrico County General District Court.
Penalties for Marijuana Possession in Henrico
In Henrico County, simple marijuana possession of more than one ounce is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine, though first-offense penalties are typically lower.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz (Decriminalized) | Civil Violation | None | Up to $25 | None | Civil penalty, no criminal record |
| Possession > 1 oz (1st Offense) | Class 1 Misdemeanor | Up to 30 days | Up to $500 | Possible 6-month suspension | Criminal record, possible drug education |
| Possession > 1 oz (Subsequent) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Criminal record |
| Possession with Intent to Distribute | Felony | 1-10 years (Class 5) or 1-40 years (higher amounts) | At court’s discretion | Mandatory 6-month suspension | Felony record, severe long-term consequences |
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 tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation. We have a deep understanding of local Henrico County court procedures and prosecutor tendencies.
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
Documented Case Results
In Henrico County, our firm has 8 documented criminal defense results: 7 cases dismissed or found not guilty, and 1 charge reduced or amended, representing a 100% favorable outcome rate for these clients. For instance, our team, including Of Counsel attorney Kristen Fisher, a former Maryland prosecutor, has successfully argued for dismissals based on procedural errors and invalid searches.
Results may vary. Prior results do not guarantee a similar outcome.
Cannabis Possession Lawyer Near Henrico County
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are accessible via I-64, I-95, and I-295. We provide legal representation for residents of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a misdemeanor in Henrico County, Virginia?
A Class 1 misdemeanor in Henrico 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 marijuana possession over one ounce (§ 18.2-250.1).
Can marijuana charges be expunged in Henrico County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. First-offense marijuana possession dismissed through a first-offender program may qualify. Most convictions cannot be expunged. The petition is filed in Henrico County Circuit Court.
Do I need a marijuana charge defense lawyer Henrico County for a first offense?
Yes. Even a first-offense marijuana charge can result in jail time, a fine, and a permanent criminal record. A lawyer can seek a first-offender dismissal, challenge the evidence, and protect your rights in Henrico County General District Court.
How does bail work for a cannabis arrest in Henrico County?
For a misdemeanor cannabis possession charge, a magistrate may release you on personal recognizance (no payment). For felony possession with intent, a secured bond is more likely. Bond decisions can be reviewed at the Henrico County General District Court.
What is the difference between GDC and Circuit Court for a marijuana charge?
Henrico County General District Court handles misdemeanor marijuana possession trials. Felony distribution charges start with a preliminary hearing in GDC but are tried before a jury in Henrico County Circuit Court, where penalties are significantly higher.
Internal Links: For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in neighboring areas like Chesterfield County. If you are facing other charges, consider our Henrico County DUI Lawyer.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. directly.