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Marijuana under Georgia Law
It is important to hire the right Atlanta marijuana possession lawyer if you are faced with an Atlanta marijuana charge. Having the right attorney to investigate the circumstances of your arrest, evaluate your evidence, discuss your options, and negotiate your case may be the difference between a conviction on your record, possible jail time, and lasting probation. If you would like a free consultation on your Atlanta marijuana charge, please call today at 678-753-6431.
Marijuana is a Schedule I (1) controlled substance under Georgia law. Schedule 1 controlled substances are substances that the State of Georgia believes are highly addictive and contain no medical use. Marijuana is illegal throughout the State of Georgia, including all the counties of the Atlanta metropolitan area (Fulton, Cobb, DeKalb, Gwinnett, Douglas, Clayton, Cherokee, Forsyth, Henry). There are a few municipalities and counties that have made possession of marijuana a city ordinance violation payable by a fine instead of incarceration.
Marijuana Charges in Atlanta
Misdemeanor Possession of Marijuana
Any possession of marijuana less than one ounce in Atlanta is considered a misdemeanor. It is only a misdemeanor charge if the marijuana is in green leaf/bud form. Any marijuana that has been extracted or altered from green leaf form will not be charged as a misdemeanor, even if it is less than one ounce. Misdemeanor marijuana offenses are punishable by up to one year in prison and a fine of up to $1,000.
Felony Possession of Marijuana
Possession of green leaf marijuana from one ounce (1 oz.) to ten pounds (10 lbs.) is a felony offense under Georgia law. Also, any possession of marijuana of any amount up to ten pounds is a felony under Georgia law. This includes THC cartridges, oils, wax, shatter, sauce, edibles, liquids, candies, topical creams, and any substance that contains over 5% of THC by concentration. Felony marijuana possession is punishable by 1 to 10 years in prison.
Misdemeanor Possession of Low THC Oil
In 2019 Georgia implemented a very limited low THC oil statute (O.C.G.A. 16-12-191) which allowed for low THC oil cardholders to legally possess up to 20 fluid ounces of low THC oil. Low THC oil is THC oil that contains less than 5% THC. If you are found possession low THC oil without a card, you can be charged with a misdemeanor offense. A misdemeanor conviction for possession of less than 20 fluid ounces of low THC oil in Georgia is punishable by up to 1 year in custody and a fine of up to $1,000.
Possession with Intent to Distribute Marijuana
You can be charged with possession with intent to distribute marijuana if you are found to possess any amount of marijuana in any form up to ten pounds. In order to be charged with possession with intent the State of Georgia must establish you were taking additional steps in an attempt to sell or distribute the weed. Common things prosecution will try to use against you are large amounts of money, baggies, a scale, a ledger or other accounting method, and other drug related objects. A first offense of possession with intent to distribute marijuana is punishable by 5 to 30 years in custody.
Trafficking Marijuana
If you are alleged to be in possession of ten pounds of more of marijuana, you will be charged with trafficking under Georgia law. The potential punishment for marijuana trafficking in Georgia is determined by weight over ten pounds. The ranges are from 10 pounds til 1,999 pounds a minimum 5 years in custody and a $100,000 fine. From 2,000 pounds to 9,999 pounds a minimum of 7 years in custody and a $250,000 fine. And 10,000 pounds of marijuana or more is punishable by a minimum 15 years in custody and a $1,000,000 fine.
City Ordinance Violations for Possession of Marijuana
There are nine cities and counties in Georgia that have taken steps to decriminalize simple possession of green leaf marijuana less than one ounce through city and county ordinance. Atlanta, Clarkston, Forest Park, Unincorporated Fulton County, Kingsland, Macon-Bibb County, Savannah, South Fulton, and Tybee Island have all made simple possession of marijuana a maximum $150 fine if charged under the city or county ordinance violation for law enforcement. It is important to know that some police officers still charge people under the state law marijuana statute and that you can be prosecuted in these cities and counties for misdemeanor violations if that happens.
Other municipalities around the metro Atlanta area including the Cities of Sandy Springs and Johns Creek have also been charging simple possession of marijuana as a city ordinance disorderly conduct violation. These violations are not the same as the nine cities and counties that have taken steps to decriminalize marijuana possession and can be punished by potential jail time under each city’s statues.
Defenses to Possession of Marijuana in Atlanta
It is first important to remember that an arrest is not the same as a conviction. Just because your are arrested, does not mean you are going to be convicted and punished. Having an experienced Georgia Possession of marijuana attorney is going to be your best defense in protecting your freedom.
I Did Not Have Possession of the Marijuana
In order to be convicted of possession of marijuana in Georgia, the prosecutors for the State of Georgia must prove beyond a reasonable doubt you have possession of the substance. Georgia law recognizes two types of possession in these circumstances: actual possession and constructive possession. Actual possession means you have direct physical control of the drug at any given time. It is either on your person or in arms reach where you can exercise control of the drug at any given time. Constructive possession means the drugs are not on your person or within arms length but you have knowledge of the drugs and the ability to exercise dominion or control over them. Constructive possession is a legal creation, and has many possible defenses that an experienced Atlanta marijuana possession attorney will help you identify.
The Drugs Were Found as the Result of an Unlawful Search and/or Seizure
Any illegal substance that is found as the result of an unlawful search or seizure must be suppressed as evidence under the Constitution and Laws of the State of Georgia and the United States Constitution. If the drugs were found on your person, in your car, or in your home, the police must have probable cause to search you, your car, or your home. The 4th amendment of the United States Constitution protects the people in this country from those unlawful searches and seizures and any contraband obtained through an unlawful search or seizure will be deemed to be fruit of the poisonous tree and suppressed as evidence.
They’ve Got the Wrong Person
In order to be convicted of a crime, the State of Georgia must prove beyond a reasonable doubt that it was you that possessed the drugs. Identification is a necessary part of every trial and is established through witness testimony. Both the State’s witnesses and your witnesses can assist in establishing whether you were the person who possessed the drugs that are the subject of your case.
Pre-Trial Diversion, Conditional Discharge, and First Offender Options for Atlanta Marijuana Charges
Georgia law offers a few options for those charged with drug offenses to resolve their case by getting the charges dismissed without risk of trial. These options are not available in all situations, but are available in most jurisdictions in the State of Georgia depending on your criminal history and specific charge.
Pre-Trial Diversion is often an option for misdemeanor marijuana offenses and simple possession charges if you have never been arrested before. This does not necessarily mean no charges on your criminal history, but usually means the first time you have ever been arrested, even if that arrest has been expunged or restricted. Diversion often involves classes, community service, clean screens, and a program fee. Depending on the specific charge, there could be additional requirements. Someone accused of committing a drug offense in Georgia has no right to diversion under Georgia law. Diversion programs are usually managed by the prosecuting office, and once the terms of the program are successfully completed, the prosecuting office will dismiss your charges in court.
Conditional Discharge is an option available to all eligible citizens under Georgia law. The conditional discharge statute, O.C.G.A. 16-13-2 is available to anyone accused of committing a drug possession offense in Georgia who has never been previously convicted of any drug charge in any state or by the United States. Conditional discharge requires a defendant to enter a plea, and upon successful completion of their sentence their case will be dismissed and their arrest record will be restricted under Georgia law. Conditional discharge is not eligible for possession with intent to distribute or trafficking charges. And it may not be an option if you have used a similar program in another state.
The last option you have to resolve your drug charge is through a first offender plea. The Georgia First Offender statute, O.C.G.A. 42-8-60 is eligible to possession, possession with intent, and trafficking charges under Georgia law. It is eligible to any person who has never been convicted of a felony at the time of their plea. If first offender treatment is granted, the court will sentence the defendant, withhold entering the sentence, and after successful completion of the sentence, the defendant’s conviction will be dismissed and their record will be restricted. However, if the defendant does not complete their sentence, the Judge has the ability to revoke the defendant’s first offender sentence and re-sentence them to the maximum punishment provided under the law. First offender has great benefit, but also involves substantial risk if the person does not successfully complete their sentence.
If you or a loved one has been charged with possession of marijuana in Georgia it is important to understand your rights and speak with an experienced Georgia marijuana lawyer. If you would like to discuss Georgia laws on weed possession, call, text, or e-mail today for a free consultation and we will go over all your rights and defenses under Georgia law.