On July 1, 2019, new Georgia medical marijuana laws went into effect. However, it is only legal to possess low-THC oil for patients with a valid prescription. There are still penalties for recreational marijuana, even for first time users.
Punishments for possession or sale are harsh. You may want to speak with a Georgia criminal law attorney to help you with your case if you are facing these charges. A lawyer can help you navigate our complex legal system while protecting your rights.
Georgia Marijuana Laws
It is illegal to possess, sell, and distribute marijuana under Georgia state law. The Peach State is more strict than other states in this regard. For example, being in possession of more than one ounce of marijuana is a felony and carries up to 10 years in prison.
New legislation allows the distribution and production of low-THC oil in the state while keeping recreational use illegal. Production is limited to two of our state’s universities and six private companies. Pharmacies are the only locations authorized to distribute the oils.
Patients are allowed to carry up to 20 ounces of the oils. If you are caught carrying more than the limit, the penalties are harsh and depend upon how much you were carrying. The following punishments are on the table for possession of THC oils that exceed regulations:
- 21-160 fluid ounces: Up to 10 years of jail time and a $50,000 fine
- 161-31,000 fluid ounces: Up to 10 years of jail time and a $100,000 fine
- 31,001-154,000 fluid ounces: Up to 15 years of jail time and a $250,000 fine
- More than 154,000 fluid ounces: Up to 20 years of jail time and a $1 million fine
No matter which state you live in, possession of marijuana is still illegal by virtue of federal statutes. Federal laws always outweigh state laws, so you might want to think twice about medical or recreational use of marijuana. DEA and FBI agents are still at liberty to apprehend and charge individuals with possession, production, and sale of marijuana.
Penalties for Marijuana Possession in Georgia
Having a solid understanding of marijuana possession statutes can help you anticipate what is ahead if you have been charged with a crime. Every case is different in terms of punishment. Having an experienced Georgia criminal law attorney can provide insight into where your case may fall on the spectrum.
Here are the following penalties for marijuana possession-related crimes in Georgia:
- Up to one ounce of marijuana is a misdemeanor and carries up to one year in jail or a $1,000 fine;
- Up to 10 pounds of marijuana is a felony and carries up to 10 years in prison;
- Between 10 and 2,000 pounds is a felony, considered trafficking, and carries up to five years in prison with a mandatory fine of $100,000;
- Between 2,000 and 10,000 pounds is a felony, considered trafficking, and carries up to seven years in prison with a mandatory fine of $250,000;
- More than 10,000 pounds is a felony, considered trafficking, and carries up to 15 years in prison with a mandatory fine of $1,000,000
Georgia handles drug laws differently from other states. It can be intimidating to face such harsh consequences in the courtroom. It is prudent to seek legal counsel in order to provide for the best outcome possible. Plus, your rights are protected during the process.
Speak with a Georgia Criminal Law Attorney
At Charlton & Glover, Attorneys at Law, we understand how scary it is to be charged with a marijuana crime. Consider speaking with one of our Georgia criminal law attorneys today. You can contact our office by calling (770) 993-1005 or by sending us a quick note through our request form.