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How Do Cops and Prosecutors turn Misdemeanor Marijuana (<1oz.) into Felony Charges?

“As long as it’s under an ounce I’m fine.”

Those are the words of someone who could quickly catch a felony. It is true, that in the terms of merely possessing marijuana, that anything less than one ounce in Georgia is punishable as a misdemeanor (this does include marijuana edibles or vape cartridges).

There is a trick that prosecutors will use, however, if they are out to get you, that will turn misdemeanor amounts of marijuana into felony charges.

Possession with Intent to Distribute

If you are arrested with less than one ounce of marijuana and cops find any of the following items you could find yourself facing felony charges.

  • Empty Plastic Bags
  • Digital Scale(s)
  • Multiple Bags of Marijuana
  • Phone Messages (of course, don’t ever give a cop consent to search your phone)
  • Grinders

Law enforcement officers oftentimes take the stance that the only reason you would have any of these items is if you are selling marijuana. I’ve heard officers testify many times that “in their training and experience” (a favorite cop phrase) that digital scales are indicative of illegal drug distribution.

And if they think you are selling marijuana (technically, if they think you are possessing it with the intent to sell it or give it away) then they will charge you with a felony.

Long story short, cops can take two dime bags and a set of digital scales and charge you with a felony. They can take some shake in the bottom of the bag along with a few empty plastic baggies and say that you must’ve been selling marijuana. Trust me, they will do it. I have seen it many times.

Don’t Be Afraid to Fight

Just because you are charged doesn’t mean that you are guilty. It just means that it is now time to fight the charges. Now is the time to make the government do their job. Don’t fight the charges alone. Contact us today and set up a consultation so we can talk to you about your case.

Author Bio

Ryan Brown

J. Ryan Brown
Founder

Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.

Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.

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