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What Georgia law says about possession, sale, and marijuana charges, and what to do if you are charged.
Marijuana is not legal in Georgia for recreational use. Possession of any amount is a criminal offense, ranging from a misdemeanor for small personal-use amounts to a felony for larger quantities or any evidence of sale. The Law Office of Gregory Chancy defends marijuana possession, sale, and trafficking charges across Georgia. Call (770) 627-3221 if you have been charged.
Marijuana is not legal in Georgia for recreational use. Georgia has not passed recreational marijuana legislation, and possession of cannabis outside of the state’s limited medical program is a criminal offense. Adults arrested in Georgia with marijuana face criminal charges regardless of whether they hold medical marijuana cards from other states.
Georgia does have a limited medical marijuana program under the Georgia Access to Medical Cannabis Commission, but it covers only low-THC oil (no more than 5% THC) for specified medical conditions. Smokable flower and edibles are not covered by the program. Possession of these forms remains illegal.
Marijuana possession in Georgia is governed by O.C.G.A. § 16-13-30 for controlled substances and O.C.G.A. § 16-13-2 for marijuana specifically.
Less than one ounce: Misdemeanor. Up to one year in county jail and a fine up to $1,000. First-time offenders may be eligible for conditional discharge under O.C.G.A. § 16-13-2, which allows the charge to be dismissed after successful completion of a probationary term.
One ounce or more: Felony. One to ten years in prison. The felony line in Georgia is drawn at one ounce.
Possession with intent to distribute: Felony. Five to thirty years, regardless of the amount. Intent is established through packaging, quantity, scales, cash, and statements at the time of arrest.
Sale or distribution of marijuana is a felony under O.C.G.A. § 16-13-30(b), carrying one to ten years on a first offense and five to thirty years on a second. The sale of marijuana to a minor carries enhanced penalties.
Drug trafficking applies when the quantity reaches 10 pounds or more. Trafficking charges carry mandatory minimum sentences that the court cannot waive:
Trafficking penalties are among the most serious in Georgia drug law. Mandatory minimums mean a judge has no discretion to sentence below the statutory floor.
Challenging the search. Most marijuana cases begin with a stop or a search. If law enforcement lacked the legal basis to stop you, or searched your vehicle or home without a warrant or a valid exception, the marijuana evidence may be suppressible. Suppression of the physical evidence typically ends the prosecution’s case.
Disputing possession. When marijuana is found in a shared vehicle or residence, the state must prove you had knowledge of it and exercised control over it. Being present near marijuana does not establish possession. The defense examines who had access to the space and whether the prosecution can tie you specifically to the substance.
Weight disputes. The weight of the marijuana determines whether the charge is a misdemeanor or a felony, and it determines the trafficking threshold. Lab measurements and the methodology used to weigh the substance can be challenged.
First-time offender options. Georgia law provides pathways for first-time marijuana offenders that can result in the charge being dismissed. Conditional discharge under O.C.G.A. § 16-13-2 and pretrial diversion through the Cobb County District Attorney’s office are options worth exploring before any plea is entered.
A marijuana conviction in Georgia stays on your criminal record and is visible in background checks run by employers, landlords, and licensing boards. A felony conviction can affect voting rights during any period of incarceration and may disqualify you from certain professional licenses, federal student loans, and public housing.
Expungement in Georgia is limited. Most drug convictions cannot be restricted from your record unless the case was dismissed or you were acquitted. This is one reason first-time offender programs matter so much: a dismissal under conditional discharge leaves no conviction on your record. A guilty plea does.
If you are not a U.S. citizen, a marijuana conviction can also trigger immigration consequences, including deportation or inadmissibility. Non-citizens facing marijuana charges should speak with both a criminal defense attorney and an immigration attorney before entering any plea.
Georgia allows possession of low-THC cannabis oil under the Hope Act (O.C.G.A. § 16-12-191), but the program is narrow. Qualifying registrants must have one of a limited list of medical conditions, register with the state, and possess a valid Low THC Oil Registry Card issued by the Georgia Department of Public Health. The oil must contain no more than 5% THC.
Possession of a Low THC Oil Registry Card does not authorize possession of any other form of cannabis, including flower, edibles, or concentrates. It does not apply to out-of-state cards. And it does not protect a registered patient who is found with more than 20 fluid ounces of oil or with THC above the 5% limit.
For anyone outside the registered program, there is no medical defense available under Georgia law.
Gregory Chancy, Esq.
State Bar of Georgia
The Law Office of Gregory Chancy defends marijuana possession, distribution, and trafficking charges in Marietta, Cobb County, and throughout the Northern Metro Atlanta area.
Call (770) 627-3221.
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.
Breaking marijuana laws in the state of Georgia can get you in significant trouble, even if it’s possible you did so unintentionally. Cobb County drug laws and penalties can vary, and being unaware of them is not a valid defense. It’s crucial to stay informed about local regulations to avoid unintended legal consequences.
It’s possible you moved from a state where cannabis is legal and carried it around in Georgia without knowing local laws and ordinances; regardless, you could still face the full wrath of the law.
If you’re facing jail time for a drug offense in Georgia, you’ll need a criminal defense lawyer on your side to help you get out of the mess you’re in. That said, consider reaching out to Cobb Criminal Defense.
We’re a law firm with years of legal experience in all matters of criminal defense cases in the state of Georgia, including drug crimes. Give us a call today, and let’s help you out!
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