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Understanding marijuana possession laws in Georgia

| Sep 25, 2019 | Uncategorized |

Georgia drug laws tend to be relatively strict when compared to other states in the country. However, slow and steady headway is being made when it comes to the use of marijuana. House Bill 1, informally known as Haleigh’s Hope Act, now allows certain patients to legally attain low THC cannabis oil as a medical prescription.

While some things are changing, the possession of marijuana is still highly punishable. If you have been found in possession of marijuana in Georgia, it is important to gain an understanding of the charges you will likely face if you are found guilty. It’s also important to know when a possession charge escalates to a trafficking charge.

Found in possession of 1 oz. of marijuana or less

If you are found to be in possession of 1 oz. or less of marijuana, you will be charged with a misdemeanor, and the worst-case scenario is that you will face one year in jail. However, there are many ways to avoid this consequence, and you may have the opportunity to pay a maximum $1,000 fine instead.

Found in possession of between 1 oz. and 10 lbs.

If you are found to be in possession of between 1 oz. and 10 lbs., you will face felony charges, which makes things significantly more serious. You will face between one and 10 years in jail.

Found in possession of over 10 lbs.

If you are found to be in possession of over 10 lbs. of marijuana, you will automatically be assumed to be engaging in trafficking, and you will be charged accordingly. You will face a mandatory $100,000 fine and five years in jail.

Defense options

One of the most common ways to defend yourself is to argue that the marijuana that was found did not belong to you. If the marijuana was found in your bag, you could claim that it was planted and that it did not belong to you. Similarly, if marijuana was found in your apartment that you share with another person, you could claim that you had no awareness of marijuana being present in your home.

It’s important to take all marijuana charges in Georgia seriously. Make sure that you take early action to start building your defense.

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