Marietta Marijuana Drug Crime Defense Lawyer
The laws on marijuana in Georgia are some of the toughest in the country. Although certain counties and cities, such as Atlanta, have taken steps to decriminalize small amounts of possession, the laws are still very strict. Recreational cannabis is illegal across the entire state and even accessing medical marijuana is very difficult. Below, our Marietta marijuana defense lawyer explains more about the law, and the defenses available.
Marijuana Drug Crimes in Georgia
Of all the marijuana drug crimes, possession is the least serious. Generally, possession charges are considered misdemeanors if you were found with one ounce or less of marijuana on you or you had marijuana seeds or stems. Possession of marijuana paraphernalia, such as a grinder with cannabis residue on it, is also against the law.
Possession of marijuana is usually charged as a misdemeanor, particularly when an individual does not have a previous record. Still, the penalties associated with misdemeanor possession are harsh. You could spend up to one year in prison, be required to pay a $1,000 fine, perform community service, and complete a drug and alcohol evaluation and treatment.
If you are found with additional evidence, such as large amounts of cash, baggies, and individual packaging, you could be charged with manufacturing or possession with intent to distribute marijuana. These are both felony offenses. If you are convicted of a felony, you face some of the most severe penalties. These include up to 20 years in prison and the loss of your right to vote or bear arms. Regardless of whether you are charged with a misdemeanor or a felony, you need a strong marijuana drug crime defense.
Defenses to Marijuana Charges
There are many defenses to marijuana charges available. Those most commonly used include:
- Diversion programs: Usually available for first time offenders, a diversion program allows you to meet several requirements in exchange for having your charges dismissed. Requirements typically include attending treatment programs, community service, and more.
- Illegal search: If police officers obtained evidence against you during an illegal search, that evidence is inadmissible and cannot be used against you.
- Unlawful traffic stop: Police officers need to have reasonable suspicion that you are committing a crime, or that you are about to, before they can pull your vehicle over. If they did not have reasonable suspicion, the traffic stop is unlawful and any evidence obtained against you during it cannot be used against you.
The above are just a few of the most common defenses used in marijuana drug crime cases. A lawyer can advise on the strategy that is best for your case.
Our Marijuana Drug Crime Defense Lawyer in Marietta Can Help with Your Case
If you have been charged with possession or trafficking, our Marietta marijuana drug crime defense lawyer at the law firm of Andrew L. Schwartz, P.C. can advise on your case. Our experienced attorney knows how to fight back against these charges so you obtain the best possible outcome. Call us now at (678). 853-2500 or contact us online to schedule a free consultation.
