Generally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act. THE OFFENSE V.G.C.S.A. […]
By Scott Smith, W. Scott Smith, PC / Peach State Lawyers Phone: 404-581-0999 If you or a loved one ever face criminal charges and believe that mental health played a significant role in the alleged conduct, a recent decision from the Supreme Court of Georgia may have a profound impact on your defense strategy. What’s […]
A new bill introduced in Georgia’s statehouse aims to protect artistic expression in the courtroom, specifically targeting rap music and other forms of creative work. House Bill 237, introduced during the 2025-2026 legislative session, seeks to prevent rap lyrics—or any other artistic expression such as music, dance, performance art, poetry, literature, film, and visual art—from […]
If you’re caught driving with a suspended license in Dekalb County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation. According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number or prior convictions within the past […]
Theft charges can arise in several different ways, but the two most common are theft by taking and theft by receiving stolen property. Theft By Taking Theft by taking occurs when a person is accused of unlawfully taking property that belongs to another person with the intent to deprive that other person of their property. […]
If you’re caught driving with a suspended license in Clayton County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation. According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number of prior convictions within the past […]
In Georgia, a family violence battery is the identical charge of battery except that the alleged victim in the case has some sort of familial connection to the accused. The State of Georgia also takes family violence offenses very seriously and they can prosecute the accused of family violence, even if the victim does not […]
Theft charges can arise in several different ways, but the two most common are theft by taking and theft by receiving stolen property. Theft By Taking Theft by taking occurs when a person is accused of unlawfully taking property that belongs to another person with the intent to deprive that other person of their property. […]
In Walton County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that […]
Theft charges can arise in several different ways, but the two most common are theft by taking and theft by receiving stolen property. Theft By Taking Theft by taking occurs when a person is accused of unlawfully taking property that belongs to another person with the intent to deprive that other person of their property. […]
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