After the complaints of neighbors, officers were called to an apartment in Fulton County for marijuana smoke coming from a building. As officers proceeded with an investigation of the home, they discovered 30 marijuana plants in a closet in one of the bedrooms. They also discovered a pistol and a shotgun in another area of the home according to their reports.
The couple leasing the apartment are facing charges of possession of marijuana with intent to distribute and possession of firearms during the commission of a felony.
Possession of marijuana in Georgia is treated as a separate crime from possession of marijuana with intent to distribute in Georgia.
Drug Offenses in Georgia are complicated and have very subtle distinctions that can be the difference between felony and misdemeanor charges. Georgia is one of a few states that has specific laws regarding marijuana crimes.
The Georgia Controlled Substances Act regulates marijuana. Illegal drugs are considered controlled substances, and Georgia Law classifies them into five different schedules. Hashish and other concentrates containing more than fifteen percent of THC by volume are a Schedule I substance by the Georgia Controlled Substances Act.
The plant form of marijuana is not considered a scheduled substance, but however, through O.C.G.A. §16-13-1(a)(1), the term “controlled substance” includes marijuana.
Possession of Marijuana
According to O.C.G.A. §16-13-30(a):
“It is unlawful for any person to purchase, possess, or have under his control any controlled substance.”
You can receive a possession of marijuana charge even if you are not personally holding the marijuana itself. If you are found to be in control of the marijuana, then you are considered to be in possession of it.
In Georgia, a possession of marijuana charge for 1 ounce or less is considered a misdemeanor with jail time up to 12 months and a maximum fine of $1,000. However, the penalty for being caught with greater than 1 ounce of marijuana will be classified as a felony and includes fines and a prison sentence between one and ten years.
Possession of Marijuana with Intent to Distribute
According to O.C.G.A. §16-13-30(b):
“It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.”
To be convicted of possession of marijuana with intent to distribute, the prosecution must show that the accused person is guilty beyond a reasonable doubt by demonstrating that the person had the intent to distribute. The intent element will require the most proof by the state. Although they can use witness testimony or other evidence to show there was intent to distribute marijuana, a Georgia Criminal Defense Attorney will properly utilize Georgia Criminal Defenses to best defend your freedom.
In Georgia, the penalty for committing possession of marijuana with intent to distribute is a felony and includes a prison sentence between one and ten years. For a second or subsequent conviction, the prison sentence increases to no less than ten years and up to forty years. It is possible to be given a life prison term.
If you or a loved one has been accused of committing a drug offense in Georgia, contact us today.