Stone Mountain Woman Makes National Headlines

DeKalb County Courthouse

Stone Mountain, Ga. - A local Stone Mountain woman has made national headlines after she allegedly attempted to bring two handguns and marijuana into Walt Disney World in Orlando, Florida.

The park just reopened this past week. The woman has been accused of attempting to hide the guns and the marijuana in her baby's diaper bag. She is facing charges of carrying a concealed firearm and possession of marijuana.

Although she is facing the charges in Florida, Georgia has its own laws on possession of marijuana. As a Georgia Criminal Defense Lawyer, I will outline our law on possession of marijuana below.

Possession of Marijuana in Georgia

The Georgia Code defines possession of marijuana in Georgia in O.C.G.A. §16-13-3 as:

It is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

To be guilty of marijuana possession in Georgia, the prosecution must prove that the accused is guilty beyond a reasonable doubt. Since it is unlawful for any person to possess a controlled substance in Georgia, the State must show that the accused person possessed marijuana.

Interestingly enough, the possession can be actual or constructive. This means that if someone is not in actual possession, then a person who knowingly has both the power and the intention at a given time to exercise dominion or control over the marijuana will be deemed to be in constructive possession of it.

Anyone who is found guilty or pleads guilty to possession of marijuana in Georgia will lose his or her driver's license for a minimum period of at least 6 months. 

In Georgia, convictions for possession of marijuana stay on your record forever and cannot be expunged. In addition to your record being forever marred with possession of marijuana, a Georgia judge may also enforce penalties such as jail time, fines and other fees, probation and community service.

Practice Note

If you or a loved one has been arrested for a drug offense or any other crime in the state of Georgia, contact our offices now.