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What to do if you are arrested for marijuana trafficking at the airport ?

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Imagine you have just flown into Hartsfield Jackson International Airport. You get off the plane and proceed to baggage claim. After you grab your bag, you are approached by several people who identify themselves as law enforcement. They ask to search your luggage and you agree. A search reveals a large quantity of marijuana and you have no idea how it got in your bag. You are now facing marijuana trafficking charges in Clayton County, Georgia.

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of marijuana trafficking may be sentenced to less prison time than what is required by the mandatory minimums: (1) If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence; (2) by agreement of the parties through a “negotiated plea”; or (3) the judge may depart from these mandatory minimums if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Clayton County

If you have been arrested in Clayton County for marijuana trafficking at Hartsfield-Jackson airport, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  1. Fleeing from the jurisdiction of the court
  2. Posing a threat or danger to any person
  3. Committing a felony while on pre-trial release
  4. Intimidating witnesses

Our firm can get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Clayton County, bonds for trafficking range from $50,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then speak with the Clayton County District Attorney’s Office in an attempt to discuss a resolution. IF a resolution cannot be reached, then we will schedule the case for a motions hearing and jury trial.

Contact Us

If you or someone you know has been arrested for drug trafficking, contact the law firm of W. Scott Smith at 404.581.0999 today.

 

Marijuana Trafficking at the Atlanta Airport

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News reports of airline travel being back to 90 percent of pre-covid flying will lead to more scrutiny at the airport for passengers flying into Atlanta’ s airport.  Atlanta has the world’s largest airport: Jackson-Hartsfield International Airport.  In a discussion I had with a DEA agent, he told me on every flight from California, Arizona, and Colorado there will be a passenger on the flight with a large amount of trafficking marijuana.  Even though Marijuana is legal in some states, it is still illegal in Georgia.  If you get stopped by Clayton County, Drug Enforcement Agents or Atlanta Police, and you are found to be carrying greater than ten pounds of marijuana in your luggage you will be arrested for Marijuana Trafficking and taken to the Clayton County Jail.  In all cases, the first appearance judge will deny you a bond.  On every case our firm has been hired to assist couriers charged with marijuana trafficking in Atlanta, we have been able to get the client a bond in Clayton County.  In order to get a bond, you need to acquire copies of the warrants and incident reports.  The state’s prosecutor in Clayton County will want to run the subject’s criminal history.  Once those items are acquired, you can get a consent bond and bond out of jail.  It is also helpful if the person traveling has money (shows they are a courier and not seller), they fly very infrequently and they were cooperative to law enforcement.  However, people flying should never consent to a search of their luggage, as consent is voluntary and nobody should be subject to search of their person or personal effects such as luggage without a warrant.  If you or a loved one gets charged with marijuana trafficking at the Atlanta Airport, please do not hesitate to call our law office so we can assist with representation.  Our phone number is 404-581-0999.

Marijuana Edibles and THC Cartridge Charges in Georgia

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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.

Trafficking Marijuana at Atlanta Airport

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When a person traveling to Atlanta is charged with trafficking marijuana at the Atlanta airport the first concern is going to be how to get a bond to get the person charged with trafficking marijuana at the Atlanta airport out of jail as soon as possible. Another question is, how much will my bond be for trafficking marijuana? At our law firm we have handled a number of bond hearings and received consent bonds in Clayton County on trafficking marijuana at the Atlanta airport. We believe we have a recipe for success that you can follow in order to get a bond on a trafficking marijuana case. A bond hearing is where a judge will decide if the person trafficking in marijuana at the Atlanta airport is a good candidate for bond. The factors a judge will consider on trafficking cases generally include, criminal record or lack of a criminal record, flight risk or whether the person will appear in court when directed, and/or likelihood of committing a new felony offense while out on bond. Since people who are charged with trafficking in marijuana are generally transient or they generally have out of Georgia ties, the court will be concerned they will not appear in court when the case comes up for additional court dates. You must be in a position to allay the court’s fears the person charged with trafficking marijuana will in fact appear in court when directed to do so. A consent bond is where the State’s prosecutor agrees to a bond amount and the defense accepts because the person arrested for trafficking marijuana at the Atlanta airport feels they can afford the bond amount.

First question for consideration is how much did the Marijuana in the person traveling with marijuana in their suitcase at the Atlanta airport weigh. If it is less that twenty pounds your chances of getting a lower bond in Clayton County are greater. Second, did the person traveling have more that $1000 cash on them. If they did, they are likely a mule. A mule is someone who is generally destitute or poor and they are so desperate for money that they agree to transport a suitcase or luggage without knowing its contents. If the person is poor and you can show the prosecutor this evidence and they had a large sum of money (which is consistent with the mule’s fee) the prosecutor is more likely to grant a bond. Third, do the flight records show a first-time travel for that person on the same flight origination? If so, this is likely the first time the person traveling with the large amounts of marijuana is flying with marijuana. If you can show no pattern of travel the State is more likely to consent to a low bond. The State’s prosecutor and Court will want to know the criminal history of client. Things of major importance will be does the person have any felonies on their record? Has the person ever failed to appear in court – even for traffic violations? Does the person have any violations of probation or parole? Furthermore, it is important to have a local address in which the person charged with trafficking marijuana will live at while the case is pending.

If you are an attorney trying to acquire a consent bond for trafficking marijuana in Clayton County at the Atlanta Jackson-Hartsfield Airport, here is what you need to do. Go through the criminal history to have a good handle on what the criminal history provides. If any discrepancies come up on the persons charged GCIC or NCIC be in a position to pull the official court record to confirm the inaccuracies in the official record. In our experience this happens way too often. Second, pull a copy of the incident report. You will need to make a copy of the incident report and provide a copy to the State’s prosecutor in order to get a quick bond offer. If client has a passport, obtain the passport and be willing to turn the passport in to law enforcement to hold pending the case’s outcome. If client is poor, have client provide you access to his or her bank account to show how little amount she has in the account. If client lives in an apartment or humble residence, have someone take photos of the residence to show the State’s prosecutor client’s simple living arrangements. If client does not have a local address to live at see if client’s family can acquire a local address. Lastly, do not have client snitch or become a state witness. In my experience it serves no purpose as it does not assist in getting a bond.

Possession of Edibles in Georgia

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In the past ten years, thanks to the decriminalization and legalization in other states, the possession and consumption of marijuana has changed drastically. Beyond just your typical green leafy marijuana, there are chocolates, gummy bears, hard candies, drinks, waxes, resins, oils, creams, and other substances used to intake THC into your body. 

Misdemeanor or Felony?

In Georgia, possession of green leafy marijuana  is a misdemeanor if you possess under an ounce. Possession of over an ounce of green, leafy marijuana is a felony. But what most people do not know is that possession of any other product that has THC in it that is not green, leafy marijuana is a felony. It doesn’t matter that the edible, weed cartridge, wax or other substance was under an ounce. It doesn’t matter if it was only one brownie, or gummy bear, or cartridge. It’s a felony in violation of the Georgia Controlled Substances Act (VGCSA). On top of that, if the THC is baked into a brownie, or in a beverage, officers use the entire weight of the substance to determine weight, and not just the part of it that has THC in it. These substances are heavy and can hit Possession with Intent and Trafficking levels quickly.

It’s important that you know the laws in Georgia.

Officers are now trained to look for substances beyond green, leafy marijuana. They are looking for cartridges. They are looking for edibles. They are looking for distinct smells given off by concentrated marijuana products. Five years ago we saw very few if any arrests for these weed products. But over the past year, we are seeing more and more clients come in and tell us, “He found my cartridges.” Or “They went looking straight for my wax.”

Our office has been on the forefront of this shift in marijuana products in Georgia. Our team of educated and knowledgeable attorneys can help you find defenses to your felony weed charges. Call us today for a free consultation at 404-581-0999.

Marijuana at Atlanta Airport

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We are one of the top criminal defense law firms in Atlanta.  Our firm defends individuals arrested at Hartsfield-Jackson Atlanta International Airport (Atlanta Airport) charged with Trafficking Marijuana, Possession of Marijuana and Possession of Marijuana with intent to distribute. 

Who arrests me at the airport?

The majority of the time someone is arrested in Atlanta after landing the flights are from California to Atlanta, but we have seen flights into Atlanta from all fifty states and other countries.  The law enforcement agencies involved include the Federal Bureau of investigation, the U.S. Drug Enforcement Agency and Atlanta Police Department.  The cases usually do not get referred to Federal Court for prosecution but rather get sent to Clayton County Superior Court. 

What will happen after my arrest?

Once arrested for Marijuana Trafficking in Atlanta’s airport the traveler gets taken to the Clayton County Jail located at 9157 Tara Blvd, Jonesboro, Georgia 30236.  The person traveling with large amounts of marijuana through the airport will have bond initially denied.  It takes our law firm approximately two weeks to get an individual on a calendar for bond.  The bond amount depends on the criminal history and the amount of the marijuana.  We have never had a client with just marijuana, no matter the amount of marijuana, denied bond.  Recently we have been able to get clients’ bonds in the amounts ranging from $45,000 – $60,000 for marijuana trafficking through the airport. 

What should I do if approached?

As a reminder, if you are approached by law enforcement in the Atlanta airport be prepared to follow some simple directions. 

  1. Remain calm and always be polite. Assume you are being recorded. Start your own telephone’s audio recording function.
  2. Prepare to hand the officer your driver’s license and your luggage receipt.
  3. You are never required to answer questions. You should respectfully decline and ask for an attorney.
  4. You should decline a consensual search of your luggage. You never know what someone has put in your luggage.
  5. You are free to leave unless you have been detained or placed under arrest.  You are allowed to politely ask the officer if you can leave the airport.
  6. Call us immediately upon being arrested, no matter the time, night or day. 404-581-0999

Marijuana Possession in Georgia

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by Mary Agramonte

Even as the nationwide trend moves to legalization and decriminalization, possession of marijuana remains illegal in the State of Georgia. In most jurisdictions across the state, a possession of marijuana charge in Georgia will land you in jail, forcing you to dish out hundreds or thousands of dollars in bond money to be released. If you later plead or are found guilty, you can expect high fines, at least 12 months of probation, community service, drug evaluations, costly classes, and depending on your record, even more jail time.  An experienced criminal defense attorney has the ability to alleviate this by evaluating your defenses and advocating on your behalf.

If you have been arrested or cited for possession of marijuana less than an ounce, call the leading defense firm W. Scott Smith to protect your rights, your wallet, and your criminal history. A nolo contendere charge will not keep the charge off your record, and will not eliminate punishment. There are defenses beginning with the reason the officer stopped you, how the search was conducted, even down to the testing of the marijuana found. Being convicted of any crime can be detrimental to your future. Call us today for a free case evaluation at 404-581-0999.

 

 

Is Medical Marijuana Legal in Georgia?

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By: Mary Agramonte

Mary Agramonte is an attorney with W. Scott Smith P.C.

While Georgia does have a medical marijuana law in place, it is particularly limited when comparing it to similar laws in effect across the United States. Under Georgia’s medical marijuana law, found at O.C.G.A. § 16-12-191, certain qualified individuals may lawfully possess up to 20 fluid ounces of “low THC oil.” But what is low THC oil? And who is allowed to have it?

Low THC oil is much different than the leafy substance you may associate with marijuana. The marijuana plant itself consists of over a hundred different chemical compounds. For example, it is comprised partly of THC, the compound within the plant that we associate with the mind-altering effects. However, there are other lesser-known chemical compounds that make up the marijuana plant.  Cannabidiol, also known as CBD, is another naturally occurring component of the plant, but it does not have the same intoxicating effects as THC. Instead, CBD is a cannabis compound that has been recognized to have significant medical benefits. It is for these medical benefits that the Georgia legislature has enacted a medical marijuana bill regulating which Georgians may use this low THC oil medicinally.

Under the medical marijuana law, the Georgia Department of Public Health can issue a “Low THC Oil Registry Card” to certain people that will protect them from arrest and prosecution if they are ever found possessing the oil. Currently, there are only eight specific diseases eligible to apply to be on the registry. Adults with the following conditions below may apply, as well as legal guardians of adults with the disease. Additionally, parents or guardians of minor children who suffer from the following diseases may apply to be on the registry. The diseases eligible for the Low THC Oil Registry are below:

  • (1) Cancer, when such diagnosis is end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting;
  • (2) Amyotrophic Lateral Sclerosis (ALS), when such diagnosis is severe or end stage;
  • (3) Seizure disorders related to diagnosis of epilepsy or trauma related head injuries;
  • (4) Multiple Sclerosis, when such diagnosis is severe or end stage;
  • (5) Crohn’s disease;
  • (6) Mitochondrial disease;
  • (7) Parkinson’s disease, when such diagnosis is severe or end stage; or
  • (8) Sickle Cell disease, when such diagnosis is severe or end stage.

Not all CBD oil is legal, even with a medical marijuana card. The law explicitly states that the oil must contain less than 5% by weight of THC. The Georgia medical marijuana law does not address where qualified persons can obtain it. Instead, the law’s purpose is simply to prevent them from being arrested and prosecuted for the crime of marijuana possession. Other than the above described CBD oil, all forms of marijuana remain illegal in Georgia. Possession of marijuana less than an ounce (in leaf form) is still a misdemeanor, with or without the medical marijuana card.  If any person, whether on the registry or not, possesses more than 20 fluid ounces, or makes, sells, distributes the low THC oil, they will be guilty of a felony, with a punishment of 1 to 10 years, and a fine of $50,000, or both. The punishment and fines significantly increase depending on the amount of CBD oil.

If you are in need of legal CBD oil that conforms to the requirements above, a physician will need to recommend you to be on the registry, so that you can be protected from arrest and prosecution. Earlier this year, the Georgia House proposed an overhaul in regards to medical marijuana to include more diseases and conditions eligible for treatment. For now, the medical marijuana law in Georgia is extremely limited. If you have been arrested for any marijuana crime, it is important to talk to an experienced criminal defense attorney so they can advise you on the current state of the law, as well as any defenses available to you. Please call us today for a free consultation at 404-581-0999.