Newnan Traffic Stop Results in Drug Charges

Clayton County Courthouse

Newnan, Ga. – According to reports out of Newnan, Clayton County officers pulled a vehicle over for speeding in Georgia. The traffic stop led to the officers noticing an odor of marijuana.

This led to a further investigation. Officers asked for the driver to get out of the car after discovering that he had an active warrant out of Fayette County. The driver then attempted to flee the scene on foot. One of the officers was able to stop the driver and arrested him. The other officer searched the car and discovered over an ounce of marijuana.

As a Georgia DUI Lawyer, I will outline the law behind the offense of possession of marijuana in the state of Georgia. Possession charges are quite common in cases for DUI in Georgia.

Possession of Marijuana in Georgia

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

Call our offices today if you or a loved one has been arrested for drug possession or driving under the influence. We can help you now.