A routine traffic stop in Gwinnett County led to three different arrests and a seizure of around seventy pounds of marijuana.
Arrests and seizures of this much marijuana are not too typical from a traffic stop. However, arrests for possession of marijuana in Georgia are a regular occurrence. It is generally considered a misdemeanor charge if you are found in possession of less than one ounce of marijuana and it is your first offense. However, if you are found in possession of more than an ounce of marijuana it is generally considered a felony charge.
Possession of Marijuana in Georgia
Marijuana is regulated under the Georgia Controlled Substances Act. In the Georgia Code, O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include marijuana. 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.
There are two types of possession: actual and constructive. Actual possession occurs when the marijuana is found on your person like in your pocket or your purse. Constructive possession most commonly happens when the drugs are found in your home, vehicle, or at your business. Georgia Law assumes that you exercise dominion or control over these areas and that you are presumed owner/possessor of whatever is found in those areas.
The penalty for being convicted of possession of under one ounce of marijuana is up to $1,000 in fines and/or a prison term of up to one year. Possession of less than one ounce is a misdemeanor. However, the penalty for being convicted of possession of 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.
Most people are also unaware that DUI can also encompass more than alcohol. Driving under the influence also includes DUI Marijuana in Georgia.
If you or a loved one has been arrested for driving under the influence in Georgia, contact our offices today.