Georgia has complex marijuana laws. Depending on the circumstances of the offense, criminal possession of marijuana is either a felony or a misdemeanor.

Whether you are facing a felony or misdemeanor marijuana charge, you should contact a Carrollton marijuana possession lawyer. Working with a dedicated drug possession attorney to build a strong defense can help you reduce the impact of the drug charge and avoid a lengthy prison sentence.

Georgia Law on The Possession of Marijuana

In Georgia, marijuana is regulated under the Georgia Controlled Substances Act. In relevant part, O.C.G.A. §16-13-30((j) states that it is unlawful for any person to possess, have under their control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess marijuana with intent to distribute.

The crime of possession is distinct from the distribution or sale of marijuana, which carries more significant penalties. A defendant can be convicted through “actual” or “constructive” possession. When law enforcement finds marijuana on the defendant’s person, the possession is actual. However, if the police find marijuana in the defendant’s home, in their vehicle, or at their place of work, they face a constructive possession charge. Actual possession, on the other hand, is where someone is caught with drugs directly in their possession. Actual possession is most commonly seen where someone is caught with something illegal in their pockets or otherwise on their person.

Regardless of whether you face constructive or actual possession charges, an experienced lawyer in Carrollton can help you protect your rights and navigate your case process.

Penalties for Possession of Marijuana in Georgia

In criminal cases, the State has to demonstrate that the accused is guilty of marijuana possession beyond a reasonable doubt. Then, the penalties for possession of marijuana vary depending on the amount. When someone is charged with simply possessing less than one ounce of marijuana, it is considered a misdemeanor offense, and they could face fines up to $1,000 and twelve months in the county jail. When someone is caught possessing more than an ounce of marijuana, the law classifies it as a felony, and the accused defendant can face fines and anywhere from one year to ten in prison. A Carrollton lawyer can further explain these marijuana possession penalties during an initial consultation.

Defenses to Possession of Marijuana Charges

One of the benefits of hiring a Carrollton attorney to defend against marijuana possession charges is that legal representation can craft a strong defense on behalf of the accused. In drug possession charges, there are many defenses to utilize, such as:

  • Arguing that law enforcement engaged in illegal search or seizure
  • Demonstrating constitutional violations
  • Showing the accused was entrapped
  • Asserting that the marijuana belongs to someone else

Prosecutors carry a heavy burden in criminal cases. If the State fails to demonstrate beyond a reasonable doubt that the accused knowingly possessed a controlled substance, the accused cannot be convicted. In some cases, the prosecutor will dismiss charges or offer a plea deal to the accused. Our experienced lawyers can help you pinpoint the best defense options for your unique circumstances.

Work With a Carrollton Marijuana Possession Lawyer to Build a Strong Defense

If you were charged with misdemeanor or felony marijuana possession, contact our dedicated lawyers as soon as you can. Although drug charges are serious offenses, a Carrollton marijuana possession lawyer will help you defend your rights and avoid overly harsh criminal penalties.

The right defense option for you depends on your circumstances, but our legal team is here to assess your case and offer personalized guidance. Reach out today to get started.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC