The city of Chamblee just released that their City Council unanimously passed an ordinance that eliminates the possibility of jail time as well as reduces the fine for possessing one ounce or less of marijuana.
As a Georgia DUI Lawyer, I have seen this occur in several different jurisdictions in Georgia. Chamblee is the 11th local government to decriminalize the possession of marijuana.
In today's post I will outline the offense of possession of marijuana in the state of Georgia. People mistakenly believe that since certain jurisdictions have decriminalized marijuana possession that it is no longer a crime in the state of Georgia. This is incorrect, and I will outline the offense below.
Marijuana Possession in Georgia
Georgia Law lays out the criminal offense of possession of marijuana in Georgia in O.C.G.A. §16-13-30 as:
It is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
The penalty for being caught with less than one ounce of marijuana is up to $1,000 in fines and a prison term of up to one year. The crime is classified as a misdemeanor. However, the penalty for being caught with greater than one ounce of marijuana will be classified as a felony, and the consequences will include fines and possible confinement between one and ten years in prison.
Many people are under the impression that marijuana criminalization is decreasing in the state of Georgia. This is very incorrect. Marijuana is still an illegal substance in our state - regardless of its status in other states. If caught in possession of marijuana, you are facing legal penalties.
If you or a loved one has been arrested, contact our offices now. We can help you with your case as well as determine the best defense for your case. Call today.