Cannabis Possession Lawyer Henrico, VA
Virginia’s cannabis laws changed significantly in 2021, but possession of more than one ounce remains subject to state penalties. If you face a cannabis possession charge in Henrico County, the matter typically begins in the Henrico County General District Court, located at 4301 East Parham Road. Misdemeanor cases are heard there, while felony-level charges move to the Henrico County Circuit Court. Law Offices Of SRIS, P.C., founded in 1997, represents individuals charged with cannabis possession offenses in these courts. Mr. Sris and his Of Counsel bring experience from both sides of the courtroom to each case. To discuss your situation and the options that may be available under Virginia’s criminal statutes, reach the firm’s location at (888) 437-7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Cannabis Possession Means in Henrico, Virginia
Adult possession of up to one ounce of cannabis is legal in Virginia under Va. Code § 4.1-1100. However, possession of more than one ounce remains subject to civil or criminal consequences. The first ounce over the limit—between one and four ounces—is a civil violation with a fine. Possession of more than four ounces can lead to criminal charges.
Criminal cannabis possession charges in Henrico County are prosecuted by the Commonwealth’s Attorney. The case is typically heard initially in the Henrico County General District Court. If the charge is a felony, or if a defendant appeals a misdemeanor conviction, the case moves to the Henrico County Circuit Court. The court at 4301 East Parham Road handles all misdemeanor trials and felony preliminary hearings; the Circuit Court handles felony trials and de novo appeals.
Criminal possession of more than four ounces of cannabis in Virginia is governed by Va. Code § 4.1-1100 and § 18.2-248. A first offense is typically a Class 1 misdemeanor, carrying a maximum penalty of 12 months in jail and a fine of up to $2,500.
Source: Va. Code § 4.1-1100; § 18.2-248. Va. Code § 4.1-1100; Va. Code § 18.2-248
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Possession of more than one ounce but not more than four ounces of cannabis by an adult is a civil offense subject to a fine of $25, under Va. Code § 4.1-1100.
Source: Va. Code § 4.1-1100. Va. Code § 4.1-1100
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Because a criminal conviction can create a permanent record, affect employment, and carry the possibility of jail time, it is important to understand the procedural landscape. Henrico County defendants have an absolute right to a jury trial in Circuit Court for any offense carrying potential jail time. First‑offender programs are available under Va. Code § 18.2‑251; successful completion results in a dismissal of the charge.
How Mr. Sris and His Of Counsel Handle Cannabis Possession Cases
Mr. Sris, a former prosecutor, evaluates cannabis possession cases with an understanding of how the Commonwealth builds its file. Alongside him, Of Counsel attorneys at Law Offices Of SRIS, P.C. Review the circumstances of the arrest—including whether the search that uncovered the cannabis was lawful, whether the amount was properly weighed and tested, and whether any statements were obtained in accordance with constitutional requirements.
One of the firm’s Of Counsel attorneys served for 15 years as a Virginia State Trooper before entering private practice. That background provides insight into police protocols, investigative techniques, and the standards law enforcement must meet when charging a possession offense. The team examines whether the Commonwealth’s evidence can withstand challenge and, when appropriate, negotiates with the prosecutor toward a resolution that avoids a conviction. Where a trial is necessary, Mr. Sris and his Of Counsel are prepared to contest the charges in the Henrico County General District Court or Circuit Court.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He maintains a deep familiarity with Virginia’s criminal statutes and how they apply in local courtrooms.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor with experience in criminal trial work and has been practicing since the firm opened in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm’s Of Counsel attorneys include a former Virginia State Trooper and other practitioners experienced in criminal defense. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. From the firm’s Richmond location, they serve clients throughout Henrico County and the greater Richmond area. Appointments are available by calling (888) 437-7747.
Frequently Asked Questions
Do I need a lawyer for a cannabis possession charge in Henrico, Virginia?
Yes, retaining an attorney is strongly recommended because a criminal conviction can result in jail time, fines, and a permanent record that affects employment and housing. Even a misdemeanor offense can have long‑term consequences. An experienced defense counsel can evaluate the strength of the evidence, determine whether constitutional violations occurred during the investigation, and explore diversion or first‑offender options that may lead to a dismissal. Without legal guidance, a person may miss procedural defenses or inadvertently waive rights.
What are the penalties for cannabis possession over one ounce in Virginia?
Possession of more than one ounce but not more than four ounces is a civil violation with a $25 fine; possession of more than four ounces is a criminal offense, typically a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. Aggravating circumstances, such as possession with intent to distribute or a prior record, can lead to felony charges with longer sentences. The specific penalty depends on the amount, any past convictions, and whether the case is resolved through a first‑offender program.
Can a first‑time cannabis possession charge be dismissed in Henrico County?
Yes, a first‑offense cannabis possession charge may be eligible for deferred disposition under Va. Code § 18.2‑251, which allows the court to place the defendant on probation and dismiss the charge upon successful completion. Eligibility depends on the defendant’s record and whether the charge involves simple possession. Compliance with substance‑abuse screening, education, and testing is typically required. If all conditions are met, the charge is dismissed, and the individual may then petition for expungement if the circumstances meet the requirements of Va. Code § 19.2‑392.2.
How does Virginia’s cannabis legalization affect possession charges?
Adult possession of one ounce or less is legal, but possession above that threshold remains subject to enforcement, with civil penalties for amounts between one and four ounces and criminal prosecution for amounts over four ounces. Public consumption is still prohibited. Law enforcement officers can still charge individuals they believe possess more than the legal limit, and the Commonwealth may pursue those charges in the same manner as before the 2021 reform. The law did not expunge past convictions automatically; individuals must petition for relief under the new sealing framework.
What should I do if I am arrested for cannabis possession in Henrico?
Remain silent beyond providing identification and request an attorney immediately. Do not discuss the facts with police or anyone else before speaking with a lawyer. Any statements made to law enforcement can be used in court. After release, preserve any relevant documents—such as receipts, photographs, or witness contact information—and contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Prompt action helps protect your rights and allows counsel to begin analyzing the case immediately.
Henrico County criminal defense | Richmond cannabis possession lawyer | Virginia criminal defense
Virginia Code Title 4.1, Chapter 11 – Cannabis Control Act |
Virginia Code Title 18.2 – Crimes and Offenses |
Henrico County General District Court
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