Have You Been Charged with Possession, Manufacture, Distribution, or Sale of Low THC Oil in Georgia?
Crimes against public health and safety range from simple misdemeanors to felonies with life in prison as the punishment. It is important to hire an attorney no matter what you have been charged with. Our attorneys have over 50 combined years of experience and are prepared to help you with your case today. There are always options no matter your situation! Remember, a charge is not the same as a conviction! Call us today.
Possession of 20 fluid ounces or less of low THC oil
Any person who possesses, purchases, or has under his or her control 20 fluid ounces or less of low THC oil shall be guilty of a misdemeanor unless subject to one of the exceptions. O.C.G.A. § 16-12-191(a)(2),(b)(2).
Possession, manufacture, distribution, or sale, or possession with intent to distribute of at least 20 fluid ounces but less than 160 fluid ounces of low THC oil
Any person having possession of, purchasing, or having under his or her control more than 20 fluid ounces of low THC oil but less than 160 fluid ounces of low THC oil or who manufactures, distributes, dispenses, sells, purchases, or possesses with the intent to distribute low THC oil shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years, a fine not to exceed $50,000.00, or both. O.C.G.A. § 16-12-191(c)
In addition to prison time and fines, a person convicted of a felony will face additional consequences. Having a felony on your record can make it difficult to obtain housing, employment, or credit. However, these penalties only occur if convicted! One of our low THC oil lawyers in Georgia can help you obtain a reduced sentence. Call us today.
Trafficking low THC oil
Any person who sells, manufactures, delivers, brings into this state, purchases, or has possession of 160 or more fluid ounces of low THC oil shall be guilty of the felony offense of trafficking in low THC oil and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of low THC oil is at least 160 fluid ounces but less than 31,000 fluid ounces, by imprisonment for not less than five years nor more than ten years and a fine not to exceed $100,000.00;
(2) If the quantity of low THC oil is at least 31,000 fluid ounces but less than 154,000 fluid ounces, by imprisonment for not less than seven years nor more than 15 years and a fine not to exceed $250,000.00; and
(3) If the quantity of low THC oil is 154,000 or more fluid ounces, by imprisonment for not less than ten years nor more than 20 years and a fine not to exceed $1 million. O.C.G.A. § 16-12-191(d)
Legal Use of low THC Oil
There are situations in which someone is allowed to possess, purchase, or have under their control 20 fluid ounces or less.
1. If the oil is in a pharmaceutical container labeled by the manufacturer and the person is registered with the Department of Public Health and has a registration card in their possession. O.C.G.A. § 16-12-191(a)(1)
2. If the person is involved in a clinical research program being conducted by the Board of Regents of the University System of Georgia or any authorized clinical trial as a program participant, a parent or guardian of a program participant, a program agent, an employee of the board of regents designated to participate in the research program, a program agent, a program physician, or anyone else listed in O.C.G.A. § 16-20-191(b)(1).
Georgia Defenses to Possession of Low THC Oil
I did not know that I possessed low THC oil (also known as unwitting possession): An example of this is if a friend asked you to drop off a package to another friend. You had no reason to suspect that THC oil was in the package, and you were caught speeding, and they discovered the oil. Your Georgia Possession of low THC Oil Lawyer could use this evidence to prove that you did not intend to possess THC oil and help get the charge dismissed.
The amount was incorrect: If you can prove that the amount seized was less than the amount you are charged with, then you would be eligible to have the charged reduced or receive a lesser sentence. Mistakes happen, and the amount of THC oil found has a severe impact on your case.
Lack of possession: A lack of evidence demonstrating that the accused had actual or constructive possession of the oil would be greatly beneficial. Even if someone in the same car or nearby had possession of the oil, your attorney can build a case showing that you did not have possession.
Innocence: Witness testimony or an alibi can be used to help prove your innocence. Any evidence like that can assist in proving your innocence, so contact one of our Georgia low TC Oil Lawyers today to help with your case.
The police used an illegal stop: One defense available to you that your low THC oil attorney in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the liquid. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that happens, your case will be dismissed based on a lack of evidence.
There are always Georgia Criminal Defenses we can use to resolve your case. We have decades of experience defending criminal charges in Georgia. We have built relationships with police officers, prosecutors, judges, and court staff. Our lawyers know how to reach the best possible solution for your case.
Contact Us
Many people plead guilty to criminal charges, because they do not think it is a big deal or believe they have no other option. That is definitely not the case. Never plead guilty without first speaking with an attorney. The Lawyers at Lawson and Berry have over 50 years of criminal defense experience. Contact us today for a free case evaluation and see how we can assist you.
