Protect your rights, contact us today!
Protect your rights, contact us today!
Subhead: Charged with a marijuana offense? Possession over an ounce is a felony, and so is a THC vape. Protect your record. Free consultation, six days a week.
Marijuana is not legal for recreational use in Georgia, and a possession charge is a real criminal matter. Possession of an ounce or less is a misdemeanor, but more than an ounce is a felony carrying prison time, and a single THC vape cartridge can be charged as a felony regardless of amount. Attorney Gregory Chancy defends marijuana possession, cultivation, and distribution charges, challenging the search and the state’s proof that the marijuana was yours. The first call is free. Call (770) 627-3221.
Despite the changes in other states and the local ordinances that have softened penalties in a few cities, marijuana remains illegal to possess recreationally under Georgia law, and most arrests are still prosecuted under it. A limited medical program allows registered patients to possess low-THC oil, but that is a narrow exception, not broad legalization. People are regularly charged for conduct they believed had been decriminalized, because a city ordinance that lowers a local fine does not change state law, and a county officer can still make a state arrest. The gap between what feels legal and what the statute says is where many of these charges begin.
The charge you face turns almost entirely on weight and form. Possession of one ounce or less of marijuana is a misdemeanor under O.C.G.A. § 16-13-2, while more than an ounce is a felony. That single threshold is the difference between a lower-level offense and years of potential prison exposure, which is why the amount, and how it was measured, is so often the center of these cases.
Georgia marijuana penalties climb with the amount and the form of the substance. The most important lines:
Even a misdemeanor conviction carries consequences beyond the sentence: a permanent criminal record, and a marijuana conviction can suspend your driver’s license even when no vehicle was involved, a consequence that surprises many first-time defendants. The penalties are real at every level, which is why even a small marijuana charge is worth fighting rather than simply paying or pleading out.
The part of Georgia marijuana law that catches people most off guard is how concentrates are treated. Marijuana in a concentrated form, whether a THC vape cartridge, wax, dab, or edible, is not treated as plant marijuana. It is often charged as possession of a Schedule I controlled substance, which is a felony regardless of the amount. A single vape pen holding a fraction of an ounce can therefore be a felony, while the same weight in plant form would be only a misdemeanor.
There is also a proof issue the defense can use. To convict, the state has to identify the substance in a cartridge as containing THC to a legal certainty, and proper testing of concentrate is not always done. Officers often try to get the person to admit what a cartridge contains, which is exactly why what you say at a stop matters so much. Without an admission or valid lab testing, the state’s proof on a concentrate charge can fall short.
The part of Georgia marijuana law that catches people most off guard is how concentrates are treated. Marijuana in a concentrated form, whether a THC vape cartridge, wax, dab, or edible, is not treated as plant marijuana. It is often charged as possession of a Schedule I controlled substance, which is a felony regardless of the amount. A single vape pen holding a fraction of an ounce can therefore be a felony, while the same weight in plant form would be only a misdemeanor.
There is also a proof issue the defense can use. To convict, the state has to identify the substance in a cartridge as containing THC to a legal certainty, and proper testing of concentrate is not always done. Officers often try to get the person to admit what a cartridge contains, which is exactly why what you say at a stop matters so much. Without an admission or valid lab testing, the state’s proof on a concentrate charge can fall short.
A marijuana defense works on the search, the weight, and possession. Many of these cases begin with a traffic stop or a search, so the first question is whether it was lawful. Marijuana found through an unlawful stop or search can be suppressed, and without the evidence the case often collapses.
Weight is the next pressure point, because the one-ounce line and the trafficking thresholds decide the charge. How the marijuana was weighed, and whether packaging was included in that weight, can move a charge from felony to misdemeanor. Possession is the third front: when marijuana is found in a shared car or home, the state has to prove it was actually yours and that you knew it was there. In concentrate cases, whether the substance was properly identified as THC is often the deciding issue, and it is one the defense can press hard. For an eligible first-time charge, conditional discharge under O.C.G.A. § 16-13-2 lets the court withhold a judgment of guilt and place you on probation, then dismiss the charge once you complete it, so no conviction is entered. The statute allows this only once in a person’s lifetime, so using it on the right charge, with a lawyer’s guidance, matters.
Gregory Chancy, Esq. is the attorney and founder of Cobb Defense, and he handles every marijuana case personally, from the first call through resolution. He earned his law degree from John Marshall Law School in Atlanta and has practiced law in Georgia since 2017, and he is an Active Member in Good Standing of the State Bar of Georgia with no public discipline on record. He is a member of the State Bar’s Criminal Law Section, along with the Cobb County Bar Association, the Georgia Trial Lawyers Association, and the American Bar Association. Before law, he spent more than fifteen years in engineering, a background that shapes the methodical way he takes apart the evidence in a case.
Clients work with attorney Chancy himself, not a rotating cast of staff, and every case is prepared as though it will go to trial. You can verify his license and standing with the State Bar of Georgia. Consultations are always free.
No. Georgia has not decriminalized marijuana. Some individual cities, including Atlanta, have reduced penalties for small amounts to a civil fine through local ordinances, but under state law, possession of any amount remains a criminal offense.
No. Georgia does not recognize out-of-state medical marijuana cards. Possession of marijuana in Georgia is illegal regardless of a card issued by another state.
A misdemeanor, carrying up to one year in county jail and a fine up to $1,000. First-time offenders may qualify for conditional discharge under O.C.G.A. § 16-13-2.
One ounce. Possession of one ounce or more is a felony carrying one to ten years in prison.
Possession of 10 pounds or more. Trafficking carries mandatory minimum sentences that cannot be reduced by the court.
Contact a defense attorney before your first court date. Early review of the facts, including how the stop occurred, how the search was conducted, and how the marijuana was weighed, often reveals challenges that are not available after certain deadlines pass.
A marijuana charge can be anything from a misdemeanor to a serious felony, and the difference often comes down to facts a defense can challenge. The sooner your case is reviewed, the more can be done to protect your record. Call (770) 627-3221 for a free consultation with attorney Gregory Chancy, or use the form on this page. Every conversation is confidential, and the first call costs nothing.
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