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An Overview Of Georgia Marijuana Laws


The perception about marijuana is gradually changing across the country, with some states allowing medical use only and some even legalizing recreational use.

Marijuana laws differ from state to state. In the state of Georgia, marijuana is not legal. While a few counties and cities have gone against the state and federal laws to decriminalize the recreational use of marijuana, it is not the majority in the conservative state of Georgia.

If you are caught in possession of marijuana in the state of Georgia, you can be sentenced to jail and have to pay a hefty fine. Hiring a defense lawyer can help ensure the best possible outcome for your case. In this article, we will go over various possible marijuana charges.

Marijuana Laws and Penalties In Georgia

Georgia Controlled Substance Act which regulates the growth, sale, distribution, and possession of marijuana, along with THC, hash, and other substances, makes the possession, growth, or distribution of marijuana illegal in almost all circumstances. However, liquid cartridges and synthetic forms of marijuana are categorized differently from “tree” or leafy marijuana.

The consequences for possession, growth, or distribution of marijuana vary depending on the amount of marijuana found and whether there is an additional violation, such as if the location is a park, school, housing project, or another drug-free zone.

Possession For Personal Use

If you are caught in possession of less than one ounce of marijuana, it is a misdemeanor with up to 12 months in jail and a fine of $1,000. Should you have more than one ounce, even without the intent to distribute, Georgia law will punish possession as a felony.

The larger the quantity, the bigger the penalty. Suppose you are found to have 10lbs or more of marijuana, even without the intention to distribute. In that case, it is a felony, and you will face a minimum of one year, a maximum of ten years in prison, and a fine of $5,000. If you are fighting a drug possession charge in Georgia, ensure you have an experienced criminal lawyer on your side.

Possession With Intent To Sell

The penalty for possessing marijuana in any amount with intent to distribute is a felony and results in a sentence from 1 to 10 years in prison with a fine of $5,000.

Penalties for marijuana possession with intent to sell increase based on the amount. The most severe charges are for possession of more than 10,000lbs, including 15 to 30 years in prison with a penalty of $1 million.

Selling Or Distribution

In the case that prosecutors can prove that you delivered or sold marijuana, even if it is only a tiny amount and up to 10lbs, the penalties begin at 1 to 10 years with a $5,000 fine.

Cultivation Of Marijuana

You could face manufacturing charges if you grow marijuana in your yard, basement, farm, etc. Penalties are based on weight; even if seedlings or plants weigh less than one ounce, you can still be prosecuted under cultivation or manufacturing, which qualifies as a felony under Georgia law. Penalties for marijuana cultivation are directly related to weights in possession or sales with cases of intent to sell.

As of 2019. Georgia law allows farmers to grow hemp or other forms of cannabis utilized in making CBD oils and other state-approved products that

include low levels of medicinal THC cannabis oil.

Marijuana Concentrates And Hash

Along with marijuana leaves or cigarettes, the sale of hash or cannabis concentrates is also restricted. Penalties for possession of hash or concentrates range from 1 to 3 years in jail and a $5,000 fine for possession of less than 1g (solid forms) or 1ml (liquid forms) and up to 5 to 30 years for manufacturing, selling, or distribution. The amount of the concentrated marijuana substance found in your possession will directly affect the penalty ordered in your case.

Recreational Marijuana In Georgia: Legal or Not?

Recreational marijuana use and possession in Georgia has not been decriminalized and still carries a penalty for possessing even less than one ounce. While certain jurisdictions are not prosecuting possession cases and simply issuing citations, it depends on the jurisdictions, and some will still prosecute such violations. Under Georgia law, marijuana possession is still a crime and is charged by most law enforcement agencies.

Medical Marijuana In Georgia: Legal or Not?

As of 2015, Georgia law recognizes a significantly limited amount of medical marijuana use with specific conditions that include being able to possess and use up to 20 ounces of a 5% THC cannabis oil. The Georgia law applies to patients with the following diagnosis, which includes:

  • Cancer
  • Amyotrophic Lateral Sclerosis (ALS)
  • Crohn’s Disease
  • Intractable Pain
  • Mitochondrial Disease
  • Multiple Sclerosis
  • Parkinson’s Disease
  • Post-traumatic Stress Disorder (PTSD)
  • Seizure Disorders
  • Sickle Cell Disease

The law signed in 2019 allows medical marijuana to be grown and sold, but it is limited to low-THC oil. It doesn’t allow patients to smoke marijuana or use higher concentrations of concentrates.

Criminal Defense Attorney Andrew L. Schwartz Is Here To Help You

If you find yourself with charges related to marijuana in Cobb County, Georgia, hire experienced Criminal Defense Attorney Andrew L. Schwartz to fight for your rights.

Andrew L. Schwartz is dedicated to fighting for the rights and freedom of those accused of felony or misdemeanor crimes such as DUI, drug charges, theft, burglary, shoplifting, and other serious charges. Contact Andrew L. Schwartz today for a no-obligation, free legal consultation.

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