Possession of Marijuana in GA is Illegal
The State of Georgia under the Georgia Controlled Substances Act and under federal law under the Controlled Substances Act regulate controlled substances. Under Georgia marijuana laws, possession of marijuana can be a misdemeanor, or a felony, depending on the amount of marijuana.
Misdemeanor Possession of Marijuana in GA
Possession of less than one ounce of marijuana is a misdemeanor charge. The penalties for misdemeanor possession can include:
- License suspension;
- Spending up to 12 months in jail;
- Up to $1,000 in fines; and
Even misdemeanor possession of marijuana charges may result in a criminal record which may affect your admission to schools or maintenance of professional licenses.
Felony Possession of Marijuana in GA
Possession of more than one ounce of marijuana may lead to felony charges and sentence including:
- Suspended license;
- 1-10 years in prison with a 1 year mandatory minimum sentence; and
- $5,000 in fines.
Felony Possession of Marijuana with Intent to Distribute
If charged with felony possession of marijuana with intent to distribute, you may face up to 1 to 10 years in prison for 10 lbs or less of marijuana, and up to 30 years in prison for over 10 pounds.
Felony Possession of Marijuana with Intent to Distribute within a 1,000 of School or Park
If you are charged with felony possession of marijuana within a 1000 feet of school grounds, a park, or a housing project, the sentence involves a minimum of 5 and up to 40 years in prison and a $40,000 fine.
The consequences for possession of marijuana increase with each conviction, so a second possession of marijuana charge will result in a harsher sentence than the first.
How We Can Help
Given the severe consequences of even a misdemeanor marijuana charge, its important that you consult with an attorney immediately.
From the time of your arrest until completion of your case, I am your best advocate.
Possible Case Dismissal Before Trial
I will sit down with you for an initial consultation to gather information about your case and answer any questions.
I will research the GA marijuana laws throughout our representation to protect your rights.
Moreover, I will fight to have the case dismissed before trial by filing Motions to Quash, Motions to Dismiss, and Motions to Suppress. If your constitutional rights are violated under the Fourth Amendment, I can have evidence, statements, or identifications suppressed. Or, I can move to have the case dismissed if you are unlawfully arrested, the statute of limitations has expired, you are not given your right to a speedy trial, or you’re being prosecuted for a second time for the same offense (double jeopardy).
Experience Working with Prosecutors to Keep Your Record Clean
I am familiar with the local courts and prosecutors and can also negotiate with prosecutors about potential plea deals. Oftentimes, I work with prosecutors to fight for conditional release of a marijuana charge, so that if you complete probation, the marijuana charge drops from your record.
I can also work to get pre-trail diversion. The court dismisses the charges upon completion of a diversion program.
Thorough Preparation for Trial
The prosecution has the burden to prove that you are guilty. Throughout the trial I will hold the prosecution to this burden. I will teach the jury that you are innocent until the prosecutor proves that you are a guilty beyond a reasonable doubt. I will do this by reminding the jury of this during opening and closing statements. Furthermore, I will make sure the judge properly instructs the jury about this important burden at the beginning and end of the trial.
I will prepare witnesses for your case if there are any.
I will cross-examine the prosecutor’s witnesses to undermine the credibility of the officers and other witnesses. Additionally, I will ask questions which help the jury to see holes in the prosecutor’s case.
I will make sure the court follows all the rules designed to protect defendants.
During the trial, I may be able to undermine the prosecutor’s allegations that anyone identified you by calling or cross-examining witnesses.
I may also be able to show that the prosecutor cannot prove that you “knowingly” possessed marijuana. If the jury believes that you did not know the drugs were present, you cannot be convicted.
I will make sure that the prosecutor can prove that the substance taken from the scene of the crime is in fact drugs. I also inquire whether or not the drugs were transferred between police officers and the testing lab properly. If they were not, you cannot be convicted.
I will ask the court to dismiss the case before the jury even deliberates if the DA failed to prove the case.
I will look for any affirmative defenses to prevent conviction.
Conviction for Possession of Marijuana is a serious charge that will change your future. I can work with you to prevent a conviction or lessen the consequences. Let us represent you in order to protect your rights.