Misdemeanor Marijuana

Although marijuana restrictions have loosened in some states, in Georgia, being caught with even less than an ounce of the drug could get you stuck with a misdemeanor on your record. If you need help with a misdemeanor marijuana charge, we can help. Additionally, even if you do not get charged with having illegal drugs on you, you could still get a criminal charge by having in your possession objects used to consume or prepare illegal drugs.

Here are some of the misdemeanor drug charges our clients hire us to help them with:

• Misdemeanor Marijuana Charges
• Possession of Marijuana, Less than One Ounce
• Possession and Use of Drug Related Objects

Misdemeanor Marijuana Charges

Misdemeanor marijuana charges in Georgia differ from felony marijuana charges, which can have much more serious consequences. Possessing up to one ounce of marijuana is considered a misdemeanor in Georgia and will result in misdemeanor criminal charges. This means a guilty plea or verdict can result in a fine of up to $1,000 and/or jail time of up to 12 months. Each court has the authority to set the penalties according to their discretion. You could also have to do community service, take an evaluation to see if you have a drug problem, submit to random drug screens, be on probation, and whatever other punishment the judges deems fit.

Any amount above one ounce is considered a felony and could lead to a longer jail sentence or even prison time. The punishments for a felony marijuana charge in Georgia can include a fine of up to $5,000 and/or imprisonment for 1 - 10 years. The severity of punishments will depend on the amount of marijuana involved and other factors such as prior convictions. In addition, persons convicted with a felony marijuana charge may lose their driver’s license or face suspension from certain educational programs or professional licensing boards.

Possession of Marijuana, Less than One Ounce

Most charges in Georgia surrounding marijuana are felonies - however, if you have less than one ounce of marijuana, it will be charged as a misdemeanor. The most common way people in Georgia could get charged with misdemeanor possession of marijuana is if they are found to have a small amount (less than one ounce) on their person. Possession would include carrying, storing, or keeping marijuana in someone’s home or other residence. It could also involve the use of drug paraphernalia such as pipes, bongs, rolling papers or any other items used to consume marijuana - especially if there is any residue of marijuana found on the items. Any misdemeanor marijuana charge will likely lead to a misdemeanor conviction if there is enough evidence to support the charge. This means you could be faced with up to $1000 fine, plus fees, and/or 12 months in jail. If you do not have jail time, then you could spend the entire 12 months on probation. While on probation, you would have to submit to random drug screens, report to your probation officer when ordered, and do any number of other items required of you by the judge. All because you had less than an ounce of marijuana on you.

The legal definition of possession in Georgia is having physical control or custody of a controlled substance, such as marijuana. Possession can be actual or constructive. Actual possession means the person has direct and immediate physical control over the drug and its ingredients, while constructive possession means the person does not have direct physical contact with the drug but still has knowledge of its presence and control over it. One of the possible defenses to this charge is that the drugs were not in your possession, but the possession or control of someone else. If that's the case, make sure you get a good legal team on your side, to protect your rights, if the drugs were not in your possession, but you got charged with them.

Possession and Use of Drug Related Objects

In addition to misdemeanor charges related to possession of marijuana, an individual in Georgia can also be charged with misdemeanor possession of drug-related objects. This includes any items such as pipes, bongs, rolling papers, or other items used to consume marijuana that are found in a person’s possession. In Georgia, misdemeanor drug-related objects can result in up to a year in jail, up to $1,000 in fines and fees, community service, and/or probation. And if there is any residue of drugs on any of the items, you will get hit with those charges, too.

To Wrap It All Up

In conclusion, misdemeanor charges related to possession of marijuana or drug related objects are serious offenses in the state of Georgia, although they are not as severe as felony charges. You still end up with a criminal record, and you could still end up in jail. It is important to understand the laws and potential consequences if you find yourself facing misdemeanor marijuana charges. An experienced criminal defense attorney can help protect your rights if you find yourself saddled with these types of misdemeanor drug charges.