If you’ve been charged with felony possession of marijuana, but you know you had less than an ounce of marijuana on your person, you need to know that there are two common situations when a misdemeanor amount of marijuana can be charged as a felony.

The first, is if you were charged with possession with intent to distribute, distribution, or manufacture of marijuana. If the officer found your weed in multiple bags, there were baggies, scales, or other paraphernalia present, or you had large amounts of cash on you, you can be charged with felony possession of marijuana. Also, if you are caught selling weed or distributing it to another, you will be charged with a felony.

The second way you can be charged with a felony is if the weed has been extracted into non-plant appearing form. Possession of marijuana that has been altered from its natural plant form is a felony in Georgia unless it is less than 5% THC oil. Oil that is under 5% THC is treated as a misdemeanor under Official Code of Georgia Section 16-12-191.

Marijuana altered from plant form could include any type of edibles like gummies, brownies, and hard candy, along with wax, shatter, live resin, sauce, tincture, oil, hash, and THC cartridges. In order for the State of Georgia to prove your guilt for felony possession of marijuana, they must test the substance they believe is marijuana and confirm that it contains THC. This is done through a complex testing process that is often performed at the Georgia Bureau of Investigation.

The laws around marijuana possession in Georgia are constantly evolving. It is important that you hire an attorney who is up to date on the changing laws. If you have a question about marijuana laws in Georgia, call or text me at 678-753-6431 today. I’d love to try and help you.