Cannabis Possession Lawyer Roanoke County — What Are Your Defense Options?
Simple marijuana possession in Roanoke County is a Class 1 misdemeanor under Va. Code § 18.2-250.1, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has 3 documented results in Roanoke County. A cannabis possession lawyer Roanoke County can challenge the legality of the search, the evidence chain, or seek a first-offender dismissal.
Virginia Marijuana Possession Law
Virginia law defines simple possession of marijuana as knowingly possessing the substance without a valid prescription. The statute, Va. Code § 18.2-250.1, classifies possession of up to one ounce as a Class 1 misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony, punishable by 1 to 10 years in prison. The law distinguishes between simple possession and possession with intent to distribute, which carries more severe penalties. Since 2021, Virginia has decriminalized simple possession of up to one ounce for adults 21 and over, making it a civil offense with a $25 fine. However, possession of any amount by a minor or possession of more than one ounce remains a criminal offense. The legal field is complex and requires specific knowledge.
Last verified: April 2026 | Roanoke County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-250.1 (official Virginia General Assembly) – The statute defining marijuana possession.
- Roanoke County General District Court – Official court website for case information and procedures.
Local Court Process for a Marijuana Charge
In Roanoke County, a marijuana possession charge begins with an arrest or summons. The case is heard at the Roanoke County General District Court at 305 East Main Street in Salem. Prosecutors in this jurisdiction often consider first-offender programs under Va. Code § 19.2-303.2 for eligible defendants, which can lead to dismissal upon completion of terms. A cannabis arrest lawyer Roanoke County will examine the arrest details, including the reason for the stop and the scope of any search.
- Initial Court Appearance (Arraignment): You will be formally advised of the charge and enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence if the search or seizure was unlawful.
- Negotiation & Review: Your lawyer will review the evidence with the Commonwealth’s Attorney to seek a reduction, dismissal, or diversion program.
- Trial or Disposition: If no agreement is reached, the case proceeds to a bench trial before a judge. If an agreement is reached, the court accepts the plea and imposes the sentence.
- Sentencing or Diversion: For a conviction, the judge imposes penalties. For diversion, you complete terms like community service for a dismissal.
- Appeal (if applicable): You have the right to appeal a guilty verdict from General District Court to the Roanoke County Circuit Court for a new trial.
Potential Penalties for Marijuana Possession
In Roanoke County, simple marijuana possession (one ounce or less) is a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine, plus a 6-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession ≤ 1 oz | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Permanent criminal record |
| Possession >1 oz – <1 lb | Class 5 Felony | 1-10 years (or up to 12 months) | Up to $2,500 | 6-month mandatory suspension | Felony record, loss of rights |
| Subsequent Offense | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 6-month mandatory suspension | Enhanced penalties likely |
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 attorney experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local procedures in Roanoke County courts. Our approach is direct and focused on the specific details of your arrest and charge.
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 Roanoke County
Law Offices Of SRIS, P.C. has 3 documented criminal case results in Roanoke County, including matters that were dismissed or resulted in not guilty verdicts. In one instance, a charge was taken under advisement and dismissed upon the client’s completion of community service. Results may vary. Prior results do not guarantee a similar outcome.
Our team, including former prosecutor Kristen Fisher, works to achieve the best possible result in each case. Fisher’s experience on the prosecution side provides insight into how the Commonwealth’s Attorney builds and evaluates marijuana possession cases.
Local Service for Roanoke County Residents
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
Our Shenandoah/Woodstock location serves clients at the Roanoke County courts. We are accessible via I-81 and represent individuals in Salem, Vinton, Cave Spring, Hollins, and Catawba. As a cannabis possession lawyer Roanoke County near you, we offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only.
Frequently Asked Questions
Is marijuana possession a felony in Roanoke County?
It depends. Possession of one ounce or less is a misdemeanor. Possession of more than one ounce but less than one pound is a Class 5 felony under Va. Code § 18.2-250.1, which can mean 1 to 10 years in prison.
Can I get a marijuana possession charge expunged in Virginia?
Yes, but only under specific conditions. Virginia law allows expungement if the charge was dismissed, you were found not guilty, or the prosecutor entered a nolle prosequi. A successful first-offender disposition may also lead to eligibility for expungement.
Will I lose my driver’s license for a marijuana conviction?
Yes. A conviction for any drug offense, including misdemeanor marijuana possession, triggers a mandatory six-month driver’s license suspension in Virginia under Va. Code § 18.2-259.1. A restricted license for limited purposes may be available.
What is a first-offender program for marijuana?
Under Va. Code § 19.2-303.2, eligible first-time offenders may have their case taken under advisement. Upon successful completion of terms like community service or drug education, the charge is dismissed. This avoids a formal conviction on your record.
Should I hire a marijuana charge defense lawyer Roanoke County?
Yes. A lawyer can protect your rights, challenge illegal searches, negotiate for reduced charges or diversion, and represent you in court. Even a misdemeanor carries jail time and creates a permanent record that affects employment and housing.
Related Legal Information
- Virginia Criminal Defense Lawyer – State-level hub for criminal defense information.
- Criminal Defense Lawyer Shenandoah County – Defense representation in a neighboring county.
- DUI Lawyer Roanoke County – Defense for another serious traffic-related charge in the same locality.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.