Man Arrested in Alpharetta for Marijuana Possession After Vehicle Search

According to reports out of Alpharetta, police encountered a suspect in the parking lot of a local hotel.

There had been several reports of car break-ins according to authorities. They began questioning the man because of his “behavior.” This led to the search of his vehicle. They found eight THC cartridges as well as two guns in the car. He was then placed under arrest.

As a Georgia DUI Lawyer, I will outline the offense of possession of marijuana in the state of Georgia as it is frequently misunderstood.

Possession of Marijuana in Georgia

Georgia is one of the states that have specific statutes that regulate marijuana crimes. The Georgia Code defines possession of marijuana in Georgia in O.C.G.A. §16-13-3 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.

To be guilty of marijuana possession in Georgia, the prosecution must prove that the accused is guilty beyond a reasonable doubt. Since it is unlawful for any person to possess a controlled substance in Georgia, the State must show that the accused person possessed marijuana.

Interestingly enough, the possession can be actual or constructive. This means that if someone is not in actual possession, then a person who knowingly has both the power and the intention at a given time to exercise dominion or control over the marijuana will be deemed to be in constructive possession of it.

Anyone who is found guilty or pleads guilty to possession of marijuana in Georgia will lose his or her driver's license for a minimum period of at least 6 months. 

In Georgia, convictions for possession of marijuana stay on your record forever and cannot be expunged. In addition to your record being forever marred with possession of marijuana, a Georgia judge may also enforce penalties such as jail time, fines and other fees, probation and community service.

Practice Note

Possession of marijuana in any form other than the leafy plant form is classified as a felony offense in the state of Georgia. If you are facing drug or alcohol related charges such as possession or DUI in Georgia, call our offices now.