Archive for category: Blog

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. offenses, which stands for “Violations of the Georgia Controlled Substances Act,” include criminal charges relating to the possession of THC oil. According to O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act, THC oil is considered a Schedule I controlled substance. A Schedule I controlled substance is defined as:

1. A drug or other substance that has a high potential for abuse;
2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, this includes non-medicinal THC oil, which is categorized as a Schedule I felony in the State of Georgia.

LOW THC OIL

However, an experienced criminal defense attorney could negotiate for a felony charge to be reduced down to a misdemeanor under O.C.G.A. § 16-12-191. This statute governs the possession of “low THC oil.” Pursuant to this statute, it is unlawful for any person to possess, purchase, or have under his control, 20 fluid ounces or less of low THC oil. If convicted under this statute, the accused will be sentenced to misdemeanor punishment.

In order for it to be considered “low THC,” the prosecution must prove that the oil was less than a 5% concentration of THC. Thus, the GBI crime lab must provide to the State, as well as to the defense, an analysis of THC concentration, which does not always happen in every case. If this is not provided, the prosecution will have difficulty proving that the oil is above a 5% concentration of THC, and therefore, an experienced criminal defense attorney could negotiate for a felony possession of THC oil charge to be reduced down to a misdemeanor.

CONTACT US

Due to the complexity of the charge of possession of THC oil, as well as the severity of the punishment, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know the possible options of an accused arrested and charged with possession of THC oil, we are experienced and skilled at defending such allegations, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of THC oil, please call our office today at 404-581-0999 for a free consultation.

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 being used as evidence in criminal trials, unless certain conditions are met.

Under this proposed law, in order for rap lyrics or any other form of artistic expression to be admissible at trial, prosecutors must meet four specific requirements:

1. Intent: The defendant must have intended to adopt the literal meaning of the artistic work as their own statement or belief.
2. Factual Nexus: There must be a clear connection between the artwork and the specific facts of the alleged crime.
3. Relevance: The artwork must be relevant to an issue that is in dispute during the trial.
4. Probative Value: The artwork must have distinct probative value that cannot be demonstrated by other admissible evidence.

Prosecutors must prove all four of these elements by clear and convincing evidence in a pre-trial hearing. If they fail to do so, the artwork cannot be used as evidence in the trial.

The bill’s main goal is to protect the First Amendment rights of individuals, ensuring that creative works are not unfairly used against defendants in criminal cases. The bill, which has gained bipartisan support, was introduced by State Representative Kasey Carpenter.

As the bill moves forward, it highlights the ongoing conversation about the intersection of art, expression, and the law. If passed, this legislation could have significant implications for how creative works are treated in Georgia courtrooms.

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. Theft by taking is defined by statute in O.C.G.A. §16-8-2. “Deprive” means to withhold property of another permanently or temporarily or to dispose of the property to make it unlikely that the owner will recover it. The value of the property is only important when it comes to sentencing.

If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

Theft By Receiving Stolen Property

Theft by receiving stolen property occurs when a person receives, disposes of, or retains property that a person knows or should know is stolen. Knowledge is a required element of theft by receiving. This means that the government must prove that the person they are charging knew that the property was stolen.

Just like theft by taking, the value of the property determines the potential sentencing. If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

As you can see, theft charges can carry serious penalties. It is important to hire an experienced attorney if you are facing theft charges in Cobb County. The lawyers at W. Scott Smith, PC can review the evidence in your case and determine the best strategy for defending the case. Call our office at 404-581-0999 today for a free consultation.

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 want to press charges.

According to O.C.G.A. § 16-5-23.1, a person commits a battery when he/she intentionally causes substantial physical or visible bodily harm to another. However, in order for a person to be charged with family violence battery, the crime must have occurred between the following people:

• Spouses or former spouses;
• Individuals who have a child together;
• Parents and children;
• Step-parents and step-children;
• Foster-parents and foster-children; and
• Individuals living or formerly living in the same household.

Penalties

A family violence battery can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. A major consequence of a family violence battery conviction is that any future convictions of the same crime is an automatic felony. The first conviction of a family violence battery is sentenced as a misdemeanor, however, the second and subsequent convictions have a maximum penalty of 5 years in prison. This rule, however, does not apply to simple battery- family violence. According to O.C.G.A. § 16-5-23, simple battery occurs either when:

• A person makes physical contact of an insulting or provoking manner with the person of another; or
• Intentionally causes physical harm to another.

Simple battery-family violence is identical to the crime of simple battery, except the alleged crime occurred between the following people listed above, which constitutes a familial tie.

After the first conviction of simple battery-family violence, unlike family violence battery, the second conviction is still merely characterized as a misdemeanor. A person convicted of simple battery- family violence or misdemeanor family violence battery may be sentenced to a maximum penalty of 12 months in jail and/or a $1,000 fine.

Due to the severity of the penalties for a family violence charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such a serious charge. At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations. Therefore, if you or a loved one has been arrested for family violence battery or simple battery-family violence, please call our office today at 404-581-0999 for a free consultation.