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Marijuana Charges
Marijuana criminal charges in Georgia include misdemeanor and felony charges. Prosecutors aggressively prosecute marijuana charges and don't easily decide to dismiss or reduce charges. If you have been charged, arrested, or are being investigated for cannabis related crimes, you need to contact a marijuana defense attorney now to get control of your situation.
Marijuana Laws in Georgia
In Georgia, marijuana possession, sale, cultivation, and trafficking is illegal. Although marijuana is not a Scheduled Substance, it does fall under the Georgia Controlled Substances Act.
Marijuana Possession Charges
Charges for misdemeanor possession of marijuana (less than one ounce) may result in only a citation (ticket) and fine less than $200. Other Georgia jurisdictions may sentence a person up to one year in jail and a $1000 fine. In some cases, community service may be part of your senetence.
Charges for felony possession of marijuana, one ounce to ten pounds, can result in a sentence of 1-10 years in prison. Felony possession of marijuana, more than ten pounds, is considered trafficking.
Trafficking Marijuana is an very serious felony. Depending on the amount of marijuana involved, the senetence can be five to fifteen years in prison, and an extremely high fine. Trafficking marijuana can also bring federal charges.
Marijuana Cultivation
Private Cultivation: In Georgia, it remains illegal for any (unlicensed) person or entity to grow, cultivate, manufacture, or otherwise produce marijuana. It is worth mentioning that even growing a single, small plant in your backyard is cause for arrest.
Growing hemp? A thin line exception, growing hemp in Georgia, was passed in the 2014 Farm Bill. Any hemp grown must have a .3% THC level, thus making it on-viable for recreational or medicinal use.
Commercial Cultivation (Low THC Marijuana): The State of Georgia has granted cultivation licenses for a small number of commercial growers. These growers are licensed to manufacture low-THC medical cannabis oil. Manufacturers hold either a Class I or Class II license which is relative to the size of their facility. The THC level for any product is capped at 5%, and these products are for only medical use.
Is CBD Oil Legal in Georgia?
Per the weedmaps.com website, "CBD products are legal in Georgia, with the exception of CBD in foods, beverages, animal feed, or dietary supplements. The Georgia Hemp Farming Act, HB 213, which passed in May 2019, formally legalized the commerce of CBD products that conform with federal law requirements and contain 0.3% THC or less.".
Protect Your Future!
If you are being investigated for, or charged with, any marijuana criminal charges we recommend calling our drug defense lawyers as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a drug charges defense lawyer. To get control of your situation CALL 678-880-9360 for a confidential consultation with a drug crimes defense attorney in Canton GA.
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Most drug crime arrests provide the prosecutor for the opportunity to bring multiple charges. Because multiple charges can complicate your defense, it is important to hire a defense lawyer as soon as possible.
Marijuana Laws in Georgia -
§ 16-13-30
The 2010 Georgia Code, Title 16, Chapter 13, Article 2 covers the regulation of controlled substances in the State of Georgia. Specifically, § 16-13-30 covers the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties. It reads as follows:
O.C.G.A. 16-13-2(b)
- Possession of less than one ounce of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b), punishable by a term of incarceration of not more than 12 months or a fine not to exceed $1,000, or both, or public works not to exceed 12 months. Possession of more than 1 ounce is a felony, punishable by a term of incarceration of between 1 and 10 years.
- Possession of marijuana with intent to distribute, or sale, delivery or distribution, depending on the quantity of marijuana, is a felony punishable by a term of incarceration of between one and 30 years, and fines between $100,000 and $1,000,000. O.C.G.A. § 16-13-30(j) and 16-13-31(c).
- Drug charges lawyers in Cherokee county for any type of drug charges in the State of Georgia.