Possession of Marijuana

Possession of Marijuana

Have You Been Charged with Possession of Marijuana in Georgia?

At Downie Law, LLC, located in Vidalia, GA, Attorney Jack M. Downie Sr. and his dedicated team are here to provide you with the expert legal representation you need. If you or a loved one is facing a possession of marijuana charge, it’s crucial to understand that a charge does not equate to a conviction. Our knowledgeable attorneys are well-versed in marijuana possession laws and are committed to fighting for your rights.

Understanding Georgia’s Marijuana Laws

Under the Georgia Controlled Substances Act, marijuana is classified as a controlled substance (O.C.G.A. §16-13-1(a)(1)). A possession charge can lead to serious consequences, including impacts on your Georgia driver’s license. Therefore, having a skilled attorney is essential. Our team at Downie Law, LLC will work tirelessly to help you navigate these legal challenges and avoid a criminal conviction. Contact us for a free consultation today.

Georgia law, specifically O.C.G.A. §16-13-30(j), prohibits the possession, control, manufacture, delivery, distribution, dispensing, administration, purchase, sale, or possession with intent to distribute marijuana. It’s important to note that possession of marijuana is treated as a distinct offense from its sale. The state must prove possession, which can be either actual or constructive. Actual possession means the marijuana is found on your person, while constructive possession occurs when marijuana is found in places you control, such as your home or vehicle.

Case Law Example

In Kirchner v. State, 322 Ga. App. 275 (2013), a mother was convicted of possession of marijuana even though her son was the one selling it. Despite her claims of not knowing about the marijuana, the court found sufficient evidence of constructive possession because of the open use of marijuana in her home. This case underscores the importance of having a knowledgeable attorney to address such complexities.

Proving Possession and Potential Penalties

To secure a conviction for marijuana possession in Georgia, the state must prove guilt beyond a reasonable doubt. The law distinguishes between actual and constructive possession. For constructive possession, there must be a proven link between the suspect and the marijuana beyond mere proximity.

Penalties vary based on the amount of marijuana:

• Less than one ounce: Up to $1,000 in fines and/or up to one year in prison (classified as a misdemeanor).
• More than one ounce: Classified as a felony, with penalties including fines and a prison term ranging from one to ten years.

For misdemeanor charges, a plea of nolo contendere may be accepted to prevent license suspension, provided you meet certain conditions. Georgia also offers conditional release or diversion programs for first-time offenders, which may involve rehabilitation or treatment programs.

Defenses Against Marijuana Possession Charges

• Unwitting Possession: If you did not know about the marijuana, such as when unknowingly carrying a package containing it, this could be a valid defense.
• Illegal Stop or Search: If the police conducted an unconstitutional stop or search, any evidence obtained may be suppressed.
• Lack of Possession: Proximity alone does not prove possession. The state must show actual control or dominion over the marijuana.

What Won’t Be Considered a Defense

• Ownership by Another: Simply because the marijuana belongs to someone else does not absolve you of possession charges.
• Medical Use: Georgia does not permit medical marijuana use, so this cannot be used as a defense.
• Unawareness of Marijuana: If you suspect but do not confirm the contents, this defense is unlikely to be successful.

Contact Downie Law, LLC

At Downie Law, LLC, we are dedicated to providing comprehensive legal support for your marijuana possession case. Attorney Jack M. Downie Sr. and his team are available for consultations to discuss your options and develop a robust defense strategy. Contact us today to schedule your free consultation. We are committed to being accessible to our clients and will work diligently to protect your future and driving privileges.