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Defending yourself from marijuana possession charges in Georgia

On Behalf of | Aug 1, 2019 | Drug Crimes, Marijuana |

In some states, the possession of marijuana is permissible for medical purposes. However, the law in Georgia is relatively restrictive. Haleigh’s Hope Act allows cannabis oil with a small amount of THC for eligible individuals, but currently, no other form of marijuana is legal.

If you or a loved one has recently been accused of marijuana possession, sale or trafficking, it is important that you do not underestimate how serious the consequences could be. Being found with marijuana could lead to heavy fines, a criminal record and time in jail. Action must be taken to build a compelling defense.

The consequences of marijuana possession or trafficking in Georgia

If a person is found with less than 1 oz of marijuana, they will be charged with a misdemeanor, facing a fine of up to $1,000 and up to 1 year in jail. Being found with between 1 oz and 10 lbs results in a felony and 1-10 years in jail.

Being found with over 10 lbs of marijuana is automatically considered to be drug trafficking. As a result, a $100,000 fine will be enforced as well as a 5-year sentence if the amount found is under 2000 lbs.

How can I defend myself against marijuana possession charges?

If you want to defend yourself successfully, you need to consider your situation. The following are some of the most common defenses.

Claiming that the drugs found are not yours

If, for example, marijuana was found in a communal area of your apartment, you may be able to argue that the drugs found were not yours but your flatmate’s.

Claiming that the substance found is not illegal

The substance found may look like marijuana, but it must go through lab testing to verify this. You may be able to prove that the substance on your possession was not illegal during this time.

Claiming that you were subject to an unlawful search and seizure

Law enforcement needs to pay attention to certain rules when searching your property. If, for example, they force open your car to search for drugs, you may be able to have charges dismissed by arguing that the search was unlawful.

If you want to protect your future by defending yourself against marijuana possession charges, it is important that you take action in good time.


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