Marijuana Possession

What is the punishment for marijuana possession?

Georgia law classifies marijuana as a controlled substance and prohibits anyone from purchasing, possessing, or being in actual physical control of it. O.C.G.A. § 16-13-30. The punishment for possessing marijuana depends on the amount. Generally, possessing less than an ounce of marijuana is a misdemeanor, punishable by up to 12 months in jail and $1,000. O.C.G.A. § 16-13-2(b). Possessing more than an ounce of marijuana is a felony punishable by not less than a year in prison to not more than 10 years in prison.

O.C.G.A. § 16-13-31 also sets out special punishments for large amounts of marijuana. Any person convicted of possessing more than 10 pounds of marijuana but less than 2,000 pounds are to be punished by a minimum term of 5 years in prison and must pay a $100,000.00 fine. A person convicted of possessing more than 2,000 pounds but less than 10,000 pounds of marijuana will be punished by a minimum term of 7 years in prison and must pay a $250,000.00 fine. Finally, a person convicted of possessing 10,000 pounds of marijuana or more will be sentenced to a minimum term of 15 years in prison and a $1,000,000.00 fine.

How long do you go to jail for marijuana possession?

Generally, possessing less than an ounce of marijuana is a misdemeanor, punishable by up to 12 months in jail and $1,000. O.C.G.A. § 16-13-2(b). Possessing more than an ounce of marijuana is a felony punishable by not less than a year in prison to not more than 10 years in prison.

O.C.G.A. § 16-13-31 also sets out special punishments for large amounts of marijuana. Any person convicted of possessing more than 10 pounds of marijuana but less than 2,000 pounds are to be punished by a minimum term of 5 years in prison and must pay a $100,000.00 fine. A person convicted of possessing more than 2,000 pounds but less than 10,000 pounds of marijuana will be punished by a minimum term of 7 years in prison and must pay a $250,000.00 fine. Finally, a person convicted of possessing 10,000 pounds of marijuana or more will be sentenced to a minimum term of 15 years in prison and a $1,000,000.00 fine.

How much does a lawyer cost for marijuana possession?

Potra Law Firm generally charges $2500 for misdemeanor marijuana cases. $5000 for felonies, depending on the circumstances.

Can you be charged for marijuana without possession?

Generally, Georgia law punishes possessing marijuana with punishments varying depending on the amount you possess. There are two types of possession: actual or constructive.

How serious is a marijuana possession charge?

The seriousness of a marijuana charge will depend greatly on the amount for which you were arrested. Possession of marijuana can range from a misdemeanor to a felony depending on the amount. You should consult with an experienced criminal defense attorney who can examine the facts of your specific case and tell you about potential outcomes and defenses.

How much is bond for marijuana possession?

Georgia judges have considerable discretion in setting the amount of bond in marijuana cases. The judge will consider a number of factors in determining the bond amount, including the seriousness of your case, your criminal history, your employment, your family connections in the local area, and any history of missing court or jumping bond. The judge can set bond at any amount so long as the amount is not “excessive” under the United States Constitution. The judge also has the option to release a person on their own recognizance with no bond needed to be posted or can deny a bond, where the person will not be released until their case is resolved. You should consult an experienced criminal defense attorney to discuss options for bonds in your case.

Do First-time offenders go to jail?

That depends on the type of marijuana possession charge you are facing. Possession of less than an ounce of marijuana is generally a misdemeanor offense. A sentence involving jail for first-time marijuana less than ounce charge is not very common absent very unusual circumstances.

Felony marijuana possession can be a different story. Possessing more than an ounce of marijuana is a felony punishable by not less than 1 year or more than 10 years in prison. Punishments can be even more severe for amounts of over 10 pounds of marijuana. Jail or prison time may be more likely depending on the circumstances.