In the state of Georgia, marijuana is considered to be a controlled substance. Both federal and state cannabis laws are applied when it comes to the regulation of the manufacture, possession and sale of the substance.
Furthermore, driving under the influence of marijuana is a crime in the state. If you are found guilty of a marijuana charge in Georgia, you may end up facing huge fines, jail time and suspension of your driving license – regardless of whether you were arrested while driving or not.
Call SHElaw firm® today at 470-378-1162 if you have been charged with a drug related crime. Our experienced drug crime lawyers understand the cannabis laws in Georgia, and know how to fight for your rights.
Georgia Cannabis Laws
The Georgia Controlled Substances Act lays out the legal guidelines for the control and regulation of marijuana in the state. When it comes to sentencing, it is worth noting that the law does not distinguish between possession, manufacture, sale, or personal use.
In general, the severity of the sentence is dependent on a variety of factors, including the quantity of marijuana found, location and intention. You may also face a serious sentence if this is not your first offense.
Punishment for Marijuana Possession
If you are found in possession of less than an ounce of marijuana in the state of Georgia, you can be charged with a misdemeanor, according to state cannabis laws. This means that you face a $1,000 fine and a prison sentence of up to a year.
However, if you are found with anywhere between one ounce and 10 pounds of marijuana, you face a maximum of $5,000 in fines and a 10-year stay in prison. The fines can increase to $1,000,000 and the prison sentence to 30 years if you are found with upwards of 10,000 pounds. The penalties increase significantly with the possession of larger quantities.
Penalties for Cannabis Possession with the Intent to Distribute
In Georgia, it is a felony to possess cannabis with the intention to distribute it. To determine the intent to distribute, transaction records or cash proceeds can be used as evidence. The penalty for this offense could go as high as $5,000 and up to 10 years in prison. You face stricter punishment for larger quantities. The prison sentence could be increased to 40 years for subsequent offenses.
The fine for a first offense could go up to $20,000 and a 20-year jail term, if you committed the violation within 1,000 feet of a drug-free zone, a housing project, a park, or a school. For subsequent offenses, you can expect a fine of up to $40,000 and a minimum of 5 years in prison.
Punishment for the Sale of Cannabis
According to Georgia’s cannabis laws, you face between one and 10 years in prison and a $5,000 fine, if you are convicted of selling 10 pounds of marijuana. It is also important to note that you can be charged with Marijuana Trafficking if accused of selling 10 or more pounds of marijuana.
A $100,000 fine and a 5-year minimum prison sentence are imposed if you are found guilty of trafficking 10 to 2,000 pounds of marijuana in the state of Georgia.
On the other hand, a $1,000,000 fine and a minimum of 15 years behind bars are prescribed for trafficking upwards of 10,000 pounds of this illegal substance. The punishment is stiffer for such violations in the vicinity of a park, school, housing project, or drug-free zone.
For subsequent offenses, the punishment may include a maximum fine of $40,000 and five to 40 years in prison.
Cannabis Laws and Cultivation Penalties
If the police find you cultivating marijuana in Georgia, you will be charged with a felony. While the penalties involved are similar to those imposed for possession violations, the amount of marijuana involved will have a huge influence on the resultant penalties.
If convicted for this offense, you will be facing a fine of up to $20,000 or a 20-year maximum prison term or both. A subsequent conviction attracts a five to 40-year stay in prison and/or a $40,000 fine. A stricter punishment is imposed for a second conviction.
Georgia’s Hope Act
According to the Georgia Hope Act, which was signed by Governor Brian Kemp back in 2019, patients can buy medicinal cannabis oils legally in Georgia. This new cannabis law sets the maximum allowable THC content for these products (Low-THC Oil) at 5 percent.
If you suffer from a qualifying condition, you must register with the state’s Department of Public Health in order to receive a valid registry card.
Call Shequel if Your 420 Has Been Ruined By Georgia’s Cannabis Laws
While the cities of Atlanta and Savannah are among those that have decriminalized the possession of marijuana up to one ounce, the possession and use of the substance are still prohibited across the state of Georgia. As such, it is important to familiarize yourself with the applicable cannabis laws.
If you find yourself facing felony or criminal charges relating to the possession or use of marijuana, be sure to reach out to our drug crime lawyers at SHElaw firm® at 470-378-1162 today. Our seasoned lawyers will help you craft a strong defense customized to the unique facts of your case.
