Three Arrests Reported After Allegedly Suspicious Vehicle Stopped in Cumming

Forsyth County Courthouse

Cumming, Ga. – According to reports out of Cumming, three individuals have been arrested after being stopped near Shiloh Road.

An off-duty deputy spotted a suspicious vehicle driving in the area around 4:00 AM on Thursday. He pulled the car over after noticing an obscured license plate according to the police report. The officer then reported noticing the odor of marijuana as he approached the vehicle. This initial perception led to a search of all three of the vehicle's occupants as well as the vehicle itself.

As a Georgia DUI Lawyer, I often mention how an officer's perception during a traffic stop and the different “clues” that they pick up on. In today's post, I will focus on one of the offenses that the three individuals have been accused of committing – possession of marijuana.

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

Many people are under the impression that since certain municipalities within the state of Georgia have loosened their laws around marijuana possession that all counties and municipalities within the state have done the same. This is not true. This is not anywhere close to true.

If you or a loved one has been arrested for possession or DUI in Georgia, contact our offices now. A Georgia DUI Attorney can help you today.