Possession of Marijuana Under 1 Ounce: What are Your Legal Options?

What Defenses Do You Have Against Marijuana Charges?

One moment, it’s a minor lapse; the next, you’re facing serious legal trouble over a tiny amount of marijuana in Douglas, GA. Feels like a bad dream, right? What you do next decides if it ends there or stays on your record. A Douglas GA marijuana possession lawyer can help you understand your legal options and possible defenses, like unlawful search or lack of intent. In Georgia, even small marijuana possession charges can lead to fines, probation, and jail time, making legal guidance essential.

With the right legal support, you may be able to reduce the charges or secure a more favorable outcome. Are you facing legal charges for marijuana possession in Georgia? Read on below to explore your legal options and get help. 

Quick Summary:

• Possession of less than 1 ounce of marijuana in Georgia is a misdemeanor, punishable by up to 1 year in jail and fines up to $1,000. Possessing more than 1 ounce is a felony, with penalties ranging from 1 to 10 years in prison and higher fines.
• While a 2015 law allows those caught with less than an ounce to keep their driver’s license, marijuana possession still carries legal penalties. Convictions can result in criminal records and mandatory license suspensions, which increase with multiple offenses.
• Common defenses include unlawful search and seizure, lack of knowledge or intent, lack of ownership or control, and medical necessity. A lawyer can help challenge the evidence, proving violations of constitutional rights or improper handling of the case.
• First-time offenders may qualify for conditional release or diversion programs, which, if successfully completed, can result in charges being dismissed. Plea deals and alternative sentencing may also help reduce penalties.
• To secure a conviction, prosecutors must prove intentional possession, establish the amount of marijuana, and confirm that the search and seizure were lawful. If any of these elements are challenged successfully, the case may be dismissed or penalties reduced.

What is Georgia’s Law on Marijuana Possession?

Georgia laws states that possession of less than 1 ounce of marijuana is classified as a misdemeanor, punishable by up to year in jail and a thousand-dollar fine. However, penalties can be reduced or avoided with certain legal defenses. Among these include unlawful search and seizure. Possession of more than an ounce can lead to more severe charges. 

What are the Penalties for Marijuana Possession Under an Ounce in Georgia?

Marijuana possession laws come with serious consequences. These consequence range from fines to jail time depending on the amount involved. Small marijuana possession cases in Douglas, GA is a misdemeanor. Greater amounts lead to felony charges and harsher penalties. 

Understanding the potential legal outcomes is important for anyone facing marijuana possession charges. 

• Possession of Less Than 1 Ounce (Misdemeanor).Fines up to $1,000 and/or up to 1 year in jail. This offense is classified as a misdemeanor under Georgia law A conviction can result in fines, jail time, or both, depending on the circumstances of the case.
• Possession of More Than 1 Ounce (Felony). Fines and prison time ranging from 1 to 10 years. Possessing more than one ounce of marijuana is considered a felony in Georgia, leading to much harsher penalties, including lengthy prison sentences and substantial fines.
• Nolo Contendere Plea for Misdemeanor Charges. Eligible to avoid license suspension if over 16, attends DUI Risk Reduction program within 120 days The defendant must meet certain requirements, including completing a DUI Alcohol or Drug Risk Reduction program.
• Conditional Release or Diversion Programs (First Offense). Charges may be removed upon successful completion of rehabilitation or treatment.First-time offenders may qualify for conditional release or diversion programs, where they must follow court-mandated conditions such as rehab or medical treatment. If successful, the charges can be dismissed.
• Marijuana Possession and Driver’s License. In 2015, Georgia passed a law allowing individuals caught with less than an ounce of marijuana to retain their driver’s license. However, despite this leniency, marijuana possession remains a criminal offense that can affect one’s record upon conviction.

All marijuana possession charges, regardless of the amount, result in a mandatory license suspension. The suspension period increases with the number of offenses.

What Must Be Proven in Georgia for a Marijuana Possession Conviction?

In Georgia, for a marijuana possession conviction, the prosecution must prove that you knowingly and intentionally possessed marijuana. This is especially important in small marijuana possession cases in Douglas, GA, where the amount of marijuana determines the severity of the charge. The state must also show that the amount in your possession meets the legal threshold for the charge you are facing. 

If you need defense for marijuana possession under 1 ounce in Douglas, GA, it’s important to challenge whether the possession occurred legally and whether your constitutional rights were upheld, such as in cases of unlawful searches.

What Are Your Legal Options Against Marijuana Charges in Georgia?

There are several legal options available for those charged with marijuana possession in Georgia. Defendants may qualify for a plea deal, a diversion program, or conditional release, especially for first-time offenders. A Douglas GA marijuana possession lawyer can walk you through the defenses for marijuana possession under 1 ounce in Douglas, GA.

What are the Defenses for Marijuana Possession Under 1-ounce in Douglas, GA?

When facing charges for marijuana possession under 1 ounce in Douglas, GA, several defenses may help reduce or dismiss the case. Common  Douglas defense for under 1 ounce marijuana possession includes challenging the legality of the search or seizure, lack of intent to possess, or proving the marijuana did not belong to you. 

A Douglas GA marijuana possession lawyer can assess your case and determine which defense strategies might be most effective.

• Unlawful Search and Seizure. Law enforcement conducting an illegal search without a warrant results in inadmissible evidence in court. This leads to dropped or reduced charges. Unlawful search and seizure violates your rights.
• Lack of Knowledge or Intent. You may not have known that the marijuana was in your possession or intended to possess it. In this defense, you argue that you did not knowingly or intentionally possess the substance, potentially leading to reduced charges.
• Lack of Ownership or Control. If the marijuana wasn’t in your immediate possession or control, it may not be yours. For example, if the marijuana was found in a shared space or someone else’s possession, this defense challenges whether you were truly the person responsible.
• Medical Necessity. In some cases, individuals with medical conditions may argue that they were using marijuana for therapeutic purposes. If you are a registered medical marijuana patient, this defense may help avoid criminal charges, depending on the circumstances.
• Improper Handling of Evidence. If the marijuana evidence was improperly collected, stored, or processed, it could be deemed unreliable or tampered with. This defense questions the integrity of the evidence and may lead to its exclusion in court.
• Illegal Search Based on Racial Profiling or Discrimination. If the search was based on discriminatory practices or racial profiling, it can be argued that your civil rights were violated. This defense aims to show that the search was conducted unfairly and without reasonable suspicion.

Talk to A Douglas GA Marijuana Possession Lawyer Today!

In Georgia, possession of less than one ounce of marijuana is a misdemeanour. This offense is punishable by up to a thousand dollars in fines and up to a year in jail. Possessing more than an ounce, is a felony that carries more severe penalties like longer prison sentences. Understanding legal options with a Douglas GA marijuana possession lawyer is essential for a favorable outcome. 

If you’re facing marijuana possession charges in Douglas, GA, don’t face the legal process alone. Our attorney at George McCranie Law Firm PC can guide you with your small marijuana possession cases in Douglas, GA. From crafting defenses for tailor-fit for your case to providing guidance, our attorney will be there every step of the way. 

In addition to marijuana possession cases, George McCranie Law Firm PC offers services in other practice areas, including immigration law and personal injury cases. No matter the legal challenge you’re facing, our firm is dedicated to helping clients through every step. Reach out today for a free consultation.