Marijuana is illegal in GA. Possession can result in felony charges, based on the amount.
By: Austin Nelson, Criminal Defense Attorney based in Marietta, Cobb County, Georgia
Is marijuana legal in Georgia?
As of 2024, marijuana has been legalized for recreational use in 24 states and for medicinal use in 38 states. Georgia, however, has not legalized use or possession for any purpose.
While many officers may exercise discretion and not charge possession in small quantities, possessing up to one ounce is punishable by up to 12 months jail. Possession of more than one ounce is punishable by 1 – 10 years. O.C.G.A 16-13-30 makes no distinction between possession with intent to distribute and mere possession when the quantity exceeds one ounce. Ten pounds or more qualifies as trafficking, and has a minimum sentence of 5 years and fine of $100,000.
Furthermore, possession of so called vape pens are often charged as felony possession, meaning that one cartridge can lead to a 10 year sentence in the Peach State.
The odor of marijuana is probable cause for an officer to search your vehicle. Any contraband found during a search initially justified by the odor of marijuana can be admissible in court and lead to further charges – even if marijuana is not located.
While some hemp products have been legalized, these products must contain less than 0.3 percent delta-9 THC (Tetrahydrocannabinol) – the main active ingredient in marijuana. Many rely on other cannabinoids such as delta-8 and delta-9.
If you have been charged with a marijuana offense, it is best to talk to an attorney to determine your options, as you may be eligible for certain programs to avoid a felony on your record. Call us today at 404-904-6704.
Charged with marijuana possession? Learn how Austin defends drug charges in Cobb County.
