A man allegedly walked into court in Gwinnett County on Thursday morning with a plastic bag of marijuana.
He was also going to court to address a different marijuana charge.
As a Georgia DUI Lawyer, and as comical as this story is - marijuana possession charges are not to be taken lightly in the state of Georgia. Yes, more and more counties and municipalities are starting to relax their laws around marijuana. But the reality is that marijuana is still illegal to possess in Georgia.
I handle many cases involving not only DUI in Georgia but investigations that result in drug possession charges as well. In today's post, I will provide an overview of the law behind possession of marijuana in the state of Georgia.
Possession of Marijuana in Georgia
The crime of possession of marijuana in Georgia is defined 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.
Regardless of the city ordinances and the lowered fines or lack of jail time - the reality is that marijuana is still illegal in the state of Georgia.
Practice Note
If you or a loved one is facing an alcohol or drug related offense, call our offices now.
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