In Georgia, marijuana laws remain some of the strictest in the nation. Despite the growing trend of legalization in other states, possession, distribution, and cultivation of marijuana can still result in severe criminal penalties here. If you or a loved one has been charged with a marijuana-related offense, it is crucial to understand your rights and legal options.

Understanding Cannabis and Its Legal Status

Cannabis is the plant that contains chemical compounds called cannabinoids. The most well-known cannabinoid is Tetrahydrocannabinol (THC), which is the primary psychoactive compound responsible for the “high” associated with marijuana use.

There are different types of cannabis plants:

• Marijuana – A type of cannabis plant known for its higher levels of THC, which remains illegal in Georgia.
• Hemp – A type of cannabis plant that contains very low levels of THC (0.3% or less on a dry weight basis). The 2018 Farm Bill (O.C.G.A. § 2-23-1 et seq.) legalized hemp cultivation and production in the United States, as long as it contains no more than 0.3% THC.

Another significant cannabinoid is CBD, a non-psychoactive compound derived from hemp, which is legal under federal law. However, Delta-8 THC, a psychoactive cannabinoid that can be synthetically produced from hemp-derived CBD, exists in a legal gray area in Georgia. Since Delta-8 THC can be derived from hemp, it may be considered legal as long as THC levels remain under 0.3%. Delta-9 THC, the most common form of THC found in marijuana, remains strictly illegal in Georgia.

Georgia’s Marijuana Laws: What You Need to Know

While certain jurisdictions have reduced penalties for small amounts of marijuana possession, state law still considers possession of any amount of marijuana a crime. Here’s a simplified breakdown of Georgia’s marijuana laws:

• Possession of less than one ounce – Considered a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.
• Possession of more than one ounce – A felony offense, carrying a prison sentence of one to ten years.
• Intent to distribute or trafficking – More serious charges that can lead to mandatory minimum sentences depending on the quantity involved.

Defenses Against Marijuana Charges

A strong legal defense can make all the difference in a marijuana-related case. Our experienced criminal defense attorneys utilize various strategies, including:

• Unlawful Search and Seizure – If law enforcement obtained evidence through an illegal search, it may be possible to have the charges dismissed.
• Lack of Possession – Prosecutors must prove beyond a reasonable doubt that you were in actual or constructive possession of the marijuana.
• Diversion Programs & Conditional Discharge – First-time offenders may be eligible for programs that result in dismissed charges upon successful completion.

How We Can Help

At W. Scott Smith, we are dedicated to protecting your rights and minimizing the consequences of marijuana charges. Our legal team will carefully analyze your case, negotiate with prosecutors, and fight for the best possible outcome—whether that means reduced charges, alternative sentencing, or a case dismissal.