Ultimate Guide to Marijuana Laws in Georgia
Georgia Marijuana Laws: What You Need To Know.
If you're looking for information about marijuana laws in Georgia, you've come to the right place. In this article, we will discuss the various aspects of marijuana law in our state, including the legal risks associated with marijuana possession and what to do if you've been arrested for a marijuana-related crime. We will also take a look at Georgia's medical marijuana laws and how they may impact your case.
Is Marijuana Legal in Georgia?
The short answer is no. It is illegal to possess marijuana in Georgia, and it remains a crime even for those who are prescribed the drug by their doctor as part of treatment. While there have been some efforts to legalize marijuana for medical use over time, these efforts have not been successful in passing through Georgia's state legislature. Until federal or state laws are changed, possession of recreational marijuana is illegal in Georgia.
What are the Risks of Possessing Marijuana in Georgia?
There are a number of risks associated with marijuana possession in Georgia, both criminal and civil. Criminal penalties for marijuana possession can include fines, jail time, and probation. Civil penalties can also be significant and may include loss of driving privileges, mandatory drug counseling or evaluation, community service hours, and the loss of educational opportunities.
Can I Be Charged with DUI for Marijuana?
Under Georgia law, you can be charged with a DUI for any drug that impairs your ability to drive, including marijuana. Marijuana-related DUIs are taken very seriously by the courts and come with steep penalties. These include large fines and possible jail time as well as mandatory drug education classes or mandatory drug counseling.
In Georgia, you are at risk of losing your driver's license automatically when you've been charged with a DUI. To help protect your license and your future, it is important to get the help of an experienced DUI lawyer as soon as possible. You may have as little as 30 days to file paperwork and request permission to drive to work or school.
What is Georgia's Marijuana Possession Law?
Georgia has a very strict law on marijuana possession and it can be difficult to fight if you've been charged with this crime. The legal limit of THC in Georgia is less than 0.05 percent per milliliter of blood or urine sample (a little more than one ounce), which means you could be charged with a DUI for Drugs even if your blood was only slightly above that level when tested at the scene of an accident.
Possession of Marijuana in Georgia: What to Do If You Are Arrested?
The most important thing to do when approached by a police officer is to remain calm and not resist arrest. It's also essential that you don't make any statements until after consulting with an experienced criminal defense attorney who understands marijuana laws in Georgia. You may inadvertently harm your legal case by admitting the drugs are yours, even if they are not. Instead, ask to speak with your lawyer before answering any questions.
If you have been arrested for marijuana possession in Georgia, it is important that you contact an experienced criminal defense attorney as soon as possible. The penalties associated with this charge can be severe and may include incarceration, probation, and loss of driving privileges. A skilled lawyer can help you understand your rights and defend against any charges brought against you.
As soon as you are able, call a Cobb Criminal Defense drug lawyer to discuss your legal case in confidence.
What are the Penalties for Possession of Marijuana in Georgia?
The penalties for possessing marijuana vary depending on how much the substance weighs as well as other factors such as whether or not it was found in your car or in use while you were driving. Additional charges may be filed if you are found in possession within 1000 feet from a school, park, or another place where children are likely to be present (such as an ice cream parlor).
Possession of Marijuana: Is it a Felony or Misdemeanor in Georgia?
Georgia has different classifications for marijuana possession, depending on the amount found at any given time.
Misdemeanor Possession Charge in Georgia
Possession of less than one ounce is considered a misdemeanor with penalties ranging from a fine up to $1000 and/or up to one year in jail.
Felony Possession Charge in Georgia
Possession of more than one ounce but less than ten pounds is a felony punishable by a minimum sentence of one year and up to ten years in prison, as well as a $5000 fine.
Possession with Intent to Distribute Charge in Georgia
Finally,
possession of more than ten pounds, or possession with intent to distribute, is punishable by a mandatory minimum sentence of five years and up to 30 years in prison, in addition to a fine of up to $100,000.
Possession of THC Vape Pen Cartridges
In the last decade, cannabis vape cartridges have grown in popularity, with many different types and styles available on the black market today. Possession of a THC vape cartridge with a THC concentration of more than 5% is a felony in Georgia. In Georgia, altering marijuana from its natural form is a felony offense, regardless of the amount. Even though the actual weight of the cannabis in the cartridge is far less than one ounce, one half gram THC cartridge would be a felony because it has been altered from its original state in plant form.
To be convicted of possessing a marijuana vape cartridge, the substance within the cartridge must be identified with "no reasonable doubt." Frequently, police will ask you to identify the content of the cartridge. If you confess it's marijuana, you'll be at risk of being charged with a crime. If no admission is made, the contents of the cartridge must be investigated. There are just a few laboratories in the state of Georgia that can accurately test for THC concentrates.
Georgia Medical Marijuana Laws
Georgia's medical marijuana law permits qualified individuals to lawfully possess up to 20 fluid ounces of "low THC oil," which is produced from the cannabis plant. The bill creates the "Low THC Oil Registry Card," which allows qualified persons to obtain a registry card from the Georgia Department of Public Health that will validate their right to possess the oil and protect them from arrest.
As of June 2017, the Georgia Department of Public Health had issued Registry Cards to over 3000 qualified persons. If you have been diagnosed with one of the qualifying conditions (listed below), some individuals may be able to obtain low THC oil from a registered provider.
Qualifying Conditions for Low THC Oil in Georgia:
- Cancer, end-stage or when the treatment produces related wasting illness or intense nausea and vomiting
- Amyotrophic lateral sclerosis, when severe or end-stage
- Seizure disorders related to severe epilepsy or trauma-related head injuries
- Multiple sclerosis, when severe or end-stage
- Crohn’s disease
- Mitochondrial disease
- Parkinson’s disease, when severe or end-stage
- Sickle cell disease, when severe or end-stage
- Tourette’s syndrome, when severe
- Autism spectrum disorder, when (a) the patient is 18 years of age or more, or (b) the patient is less than 18 years of age and diagnosed with severe autism
- Epidermolysis bullosa
- Alzheimer’s disease, when severe or end-stage
- AIDS when symptoms are severe or end-stage
- Peripheral neuropathy, when symptoms are severe or end-stage
- Patient is admitted to a hospice program, either as inpatient or outpatient
- Intractable pain
- Post-traumatic stress disorder from direct exposure to trauma or witnessing of a traumatic event, for patients 18 years of age and up
If you or a cardholder is unlawfully arrested for possession of low THC oil in Georgia, a
Cobb Criminal Defense attorney can help protect your legal rights.
Getting Rid of Marijuana Charges
If you are facing a drug-related charge for the first time, you may be eligible to resolve your case without having a felony on your record by taking part in one of these alternative options.
First Time Offender Laws in Georgia
If you are convicted of a drug charge as a first-time offender, you may be eligible for sentencing under Georgia's First Time Offender Law. This law provides for the possibility of probation and/or treatment
in lieu of jail time. The program is open to those who have not previously been convicted of a felony or misdemeanor involving drugs.
Pre-Trial Diversion for Marijuana Charges
If you are charged with marijuana possession in Georgia, you may be eligible to take part in a pre-trial diversion program. This program allows you to
avoid a conviction by completing a period of probation and/or treatment. If you complete the program successfully, the charges will be dismissed.
Drug Court for Marijuana in Georgia
Drug Court is a special program that allows some drug offenders to avoid jail time by completing a period of
probation and treatment. Drug Court is only available to those who qualify in some instances with certain drug-related offenses, including marijuana possession.
Lawyer for Marijuana Charges in Georgia
If you've been arrested for marijuana possession in Georgia, it is important that you contact a skilled criminal defense attorney as soon as possible. The penalties associated with this charge can be severe and may include incarceration, probation, and loss of driving privileges.
Call Cobb Criminal Defense today to
schedule a free consultation and learn more about your legal options.
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