If you have been charged in Georgia with marijuana edibles or a THC cartridge here is what you need to know to prepare yourself for court.
Edible forms of cannabis, including THC ladened gummies (i.e. gummy bears), cookies, brownies, honey sticks, Rice Krispy treats, chocolate bars, sodas, lozenges, and capsules, are all illegal in Georgia. All marijuana edibles contain a significant amount of tetrahydrocannabinol (THC). THC edibles in Georgia, even those consumed for recreational and medical purposes, are illegal. Similarly, all electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or weed pen with a THC vapor cartridge is illegal under Georgia law.
Under Georgia law, extracting marijuana oil out of the plant-based material makes the crime of possession a felony offense. The punishment you can face for possessing marijuana edibles or a THC vape pen are described at the bottom of this article.
THC is the psychopharmacologically active component of the cannabis plant. Most THC exists in the form of an isomer known as delta-9-THC, but somewhat less than ten percent of naturally occurring THC is of the delta-8 isomer. Both delta-8-THC and delta-9-THC produce a psychological effect. They are found in all cannabis plants, and they are not known to exist elsewhere in nature. Concentrations of THC can be produced in two ways, either by chemically extracting it from the cannabis plant or by synthesizing it in the laboratory. A simple procedure, using organic solvents to remove the THC from cannabis, can produce an oily substance variously known as “hash oil,” “marijuana oil,” or “liquid marijuana.” THC thus extracted “is not marijuana; it is tetrahydrocannabinol. It is the extract, the pure compound from the drug.
Edibles, most commonly cannabidiol or CBD, with very little THC are illegal in Georgia. Under Georgia’s strict laws regarding the use or possession of any product that has THC extracted from the plant (or where no plant fibers are present) is a serious charge. The lone exception is for prescribed THC oil where you have a Georgia prescription. Once you obtain a Georgia THC card, Georgia allows you to possess 20 fluid ounces of low THC oil within the state of Georgia. However, the law requires that the low THC oil be “in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein,” be less than 5 percent tetrahydrocannabinol by weight, and that the amount of oil in the container – or containers – not exceed 20 fluid ounces total. Ironically, the “standard dose” in recreational THC use is considered 10 mg over a five-hour period.
The crimes relating to the possession or sale of marijuana are set forth in the Georgia Controlled Substances Act Title 16 Chapter 13. Under OCGA § 16-13-21(16) marijuana is specifically defined as:
all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination.
OCGA §16-13-30:(3)(P), was changed by the Georgia legislature to provide:
Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis, but not including such substance when found in hemp or hemp products.
Penalties for Weed Edibles is located in OCGA § 16-13-30:
There are three basic tiers of punishment and they are all determined by the total weight of the substance. Note there is a difference between the weight of a solid substance (gummy) and the weight of a liquid (vape cartridge).
Tier 1:
- Less than one gram of solid substance.
- Less than one milliliter of liquid substance.
- Placed into a secondary medium with a combined weight of less than one gram.
- Range of punishment is one to three years.
Tier 2:
- At least one gram, but less than four grams of solid substance.
- At least one milliliter of liquid substance, but less than four milliliters.
- Placed into a secondary medium with the combined weight of more than one gram, but less than four grams.
- Range of punishment is one to eight years.
Tier 3:
- At least four grams, but less than twenty-eight grams of solid substance.
- At least four milliliters of liquid substance, but less than twenty-eight milliliters.
- Placed into a secondary medium with the combined weight of more than four grams, but less than twenty-eight grams.
- Range of punishment is one to fifteen years.
I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations. Our office is in downtown Atlanta.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.
It is your life, your criminal record and you deserve the best representation possible.
