Marijuana possession is still a serious drug offense in Georgia. If you’re accused of it, you need to find an experienced criminal defense attorney fast. At Joseph Williams Law, we are here to help.
Facing marijuana possession charges in Georgia is a serious matter. At Joseph Williams Law, we understand the stress and confusion you may be experiencing. Our goal is to provide you with the information and defense you need.
Keep reading to learn more, or reach out to our firm. Contact us online or call 912-259-6548 to get real legal advice for your criminal case.
Why Marijuana Possession Is a Big Deal in Georgia
Unlike some other states, Georgia has strict laws against cannabis possession. Even small amounts can lead to serious penalties. Understanding the gravity of these charges is absolutely critical for anyone facing them.
Penalties for Marijuana Possession in Georgia
The penalties for marijuana possession in Georgia depend on the amount and your prior offenses. Let’s break down the potential consequences.
First Offense
For a first offense, possessing less than an ounce (28.35 grams of marijuana) can result in up to 12 months in jail and a fine of up to $1,000. This is a typical punishment for misdemeanors in Georgia.
If you are found with more than an ounce, the charge escalates to a felony, which can lead to a prison sentence ranging from one to 10 years or fines up to $5,000.
Second Offense
For a second offense, possessing less than an ounce of marijuana carries an increased likelihood of jail time and fines. If you are caught with more than an ounce, the penalties can become even more severe with longer prison sentences being a significant possibility.
Repeated Offenses
Repeated offenses can lead to even stricter penalties. This includes longer prison sentences and higher fines. The State of Georgia treats multiple violations of marijuana possession laws very seriously.
Large Amounts or Related Charges
Possessing large amounts of marijuana — a controlled substance — can lead to charges of intent to distribute, sale, or trafficking, all of which carry severe penalties.
Related charges like cultivation of marijuana plants, delivery, and sale of marijuana are also serious offenses and can significantly increase the severity of the penalties you face.
Your Georgia marijuana possession attorney can help you understand the exact nature of your charges and the penalties you may face if you’re convicted.
How a Marijuana Possession Charge Can Affect Your Driver’s License in Georgia
In Georgia, the law use to be that possession of marijuana charges alone would have serious effects on a person’s driver’s license. That is no longer the law, but there are still many DUI marijuana cases coming through the system. If you’re driving and you’re found with marijuana while operating a motor vehicle, police officers can and usually do investigate the case as if it is a DUI. If convicted of marijuana DUI, your license will be suspended.
During the suspension period, you may or may not be eligible for a limited driving permit. If eligible, the permit allows you to drive to specific places, such as work, school, or medical appointments. Obtaining a limited permit requires meeting certain conditions and is not guaranteed. This is particularly true in DUI marijuana cases.
The impact on your driver’s license is an added (and serious) burden that can affect your daily life, making it more challenging to commute, fulfill personal responsibilities, and hold down a job.
This is one of the many reasons why having experienced legal representation is crucial when facing marijuana possession charges as they relate to DUI. At Joseph Williams Law, we work to minimize the impact of these charges on your life, including fighting to protect your driving privileges.
Charged with Pot Possession? Here’s How Joseph Williams Law Can Help
When facing marijuana possession charges, having the right attorney can make all the difference. Here’s how we can help:
Navigating the Legal Process
At Joseph Williams Law, we start by thoroughly reviewing your case to identify weaknesses in the prosecution’s evidence. We represent you in court, ensuring your rights are protected at every stage of the legal process.
Reducing Stress
We provide clear guidance on what to expect and how to prepare for your case. Throughout the legal process, we offer support to help reduce your stress and anxiety.
Strategic Defense
We develop a tailored defense strategy based on the specifics of your case. Additionally, we negotiate with prosecutors to seek reduced charges or alternative sentencing options.
Possible Defenses Against Marijuana Possession Charges
There are several potential defenses against marijuana possession charges in Georgia. They don’t apply to all cases, but here are the most common ones:
Unlawful Search and Seizure
If the law enforcement officers conducted an illegal search, any evidence found may be inadmissible in court. Attacking probable cause for the stop is a very common defense against weed possession charges.
Lack of Possession
In some circumstances, we may be able to argue that the marijuana was not possessed by you or that you were unaware of its presence.
Medical Marijuana
If you have a valid medical marijuana card, we may be able to argue that your possession was legal.
Insufficient Evidence
We may challenge the prosecution’s evidence. If they cannot prove possession beyond a reasonable doubt, you may avoid conviction. The state must also prove that the substance is in fact marijuana and not something else like low thc hemp or merely cbd oil.
How We Can Negotiate with the Prosecution for You
When facing a marijuana possession charge, having a skilled criminal defense lawyer on your side can make a significant difference. At Joseph Williams Law, we use strategic negotiation tactics to achieve the best possible outcome for our clients.
Here’s how we might negotiate with the prosecution on your behalf:
Analyzing the Evidence
First, we thoroughly analyze all the evidence against you. This includes reviewing police reports, witness statements, and any physical evidence.
We look for inconsistencies, procedural errors, or weaknesses in the prosecution’s case. Identifying these issues can give us leverage during negotiations.
Plea Bargaining
One of the primary negotiation tools is plea bargaining. We may negotiate a plea deal where you agree to plead guilty to a lesser charge in exchange for reduced penalties. For example, instead of facing a felony charge for possession of a large amount of marijuana, we might negotiate for a misdemeanor charge with lighter penalties.
Seeking Alternative Sentencing
In some cases, we can negotiate for alternative sentencing options. These might include probation, community service, or participation in a drug education or treatment program (diversion).
These alternatives can help you avoid jail time and reduce the long-term impact of a conviction on your record.
First Offender Programs
If you are a first-time offender, we may advocate for your inclusion in a first offender or conditional discharge program.
Successful completion of such a program can result in your charges being dismissed or your record being sealed. This would give you a fresh start, and you deserve a fresh start.
Highlighting Mitigating Factors
We present any mitigating factors that might influence the prosecution’s decision. This could include your lack of a prior criminal record, your role as a contributing member of the community, or any extenuating personal circumstances.
Highlighting these factors can sometimes (but not always) help in negotiating for more lenient treatment.
Challenging the Legality of the Search and Seizure
If there were any issues with how the evidence was obtained, such as an unlawful search and seizure, we could file motions to suppress that evidence. If the court grants these motions, the prosecution’s case may be significantly weakened, prompting them to offer a more favorable deal.
Building a Strong Defense
Finally, by building a strong defense and showing the prosecution that we are prepared to fight aggressively in court, we increase our bargaining power. The prosecution may be more inclined to offer a favorable deal if they see that we have a compelling defense that could lead to an acquittal.
At Joseph Williams Law, our goal is to protect your rights and to achieve the best possible outcome. Through strategic negotiation and a thorough understanding of Georgia state law, we work to minimize the impact of marijuana possession charges on your life.
Georgia Possession of Marijuana FAQs
What should I do if I’m arrested for marijuana possession?
Stay calm, remain silent, and ask for an attorney. The police officer will ask you, “whose marijuana is this?” Please remain silent and do not answer that question. Feel free to contact Joseph Williams Law as soon as possible.
Can I be charged with a felony for possessing a small amount of marijuana?
Possessing more than an ounce can lead to felony charges, but even smaller amounts can result in severe penalties, especially for repeat offenses. If you also have scales, baggies, or other drug paraphernalia, the State may decide to charge you with felony possession with intent to distribute even if the amount of marijuana is less than one ounce.
Is medical marijuana legal in Georgia?
Georgia has limited medical marijuana laws. Only certain conditions qualify, and the laws are very restrictive.
How can a lawyer help with my marijuana possession charge?
An experienced Georgia marijuana possession lawyer can help by challenging evidence, negotiating with prosecutors, and providing a strong defense.
Can marijuana possession charges be expunged from my record?
In some cases, charges can be expunged or sealed, but this depends on the specifics of your case and your criminal history. An attorney can help you understand your options in this regard.
What are the penalties for selling marijuana in Georgia?
Selling marijuana is a felony and can result in severe penalties, including lengthy prison sentences and hefty fines.
What if I’m caught with marijuana while on probation?
Being caught with marijuana while on probation can lead to additional charges and penalties, including revocation of probation. This includes having marijuana in your sentence during drug testing.
Speak with a Georgia Marijuana Possession Attorney
Marijuana possession charges in Georgia are serious, but you don’t have to face them alone. At Joseph Williams Law, we are committed to providing the defense you need to protect your rights and your future.
Contact us today for a free consultation and learn how we can help you navigate this challenging time. Give us a call at 912-259-6548 or contact us online.