Caught with Marijuana in Georgia: Is It Still a Crime?

With the national shift toward marijuana legalization, many people assume that possession of marijuana is no longer a serious offense. However, in Georgia, that assumption could land you in serious legal trouble. Despite growing public support for marijuana reform, possession of marijuana remains a crime in Georgia—and depending on the circumstances, it could result in misdemeanor or felony charges.

At The Spizman Firm, we help individuals across Georgia who have been charged with marijuana-related offenses understand their rights and explore defense options. Here’s what you need to know if you’re caught with marijuana in Georgia.

Georgia’s Marijuana Laws: What’s Legal, What’s Not?

Under O.C.G.A. § 16-13-30, possession of marijuana is illegal in Georgia. The severity of the charge depends on the amount of marijuana you possess and the intent behind it.

• Less than 1 ounce: Possession of under one ounce of marijuana is typically charged as a misdemeanor, punishable by up to 12 months in jail and/or a $1,000 fine.
• More than 1 ounce: Possession of more than an ounce is considered a felony, which can carry 1 to 10 years in prison, even if it’s for personal use.
• Possession with intent to distribute: Even smaller amounts can lead to felony charges if law enforcement suspects you intended to sell or distribute the marijuana.

What About Medical Marijuana?

Georgia has a limited medical marijuana law. Patients with qualifying conditions may register for a Low THC Oil Registry Card, allowing them to legally possess up to 20 ounces of cannabis oil containing no more than 5% THC. However, growing marijuana, smoking it, or possessing marijuana in plant form is still illegal—even for registered patients.

So, while there is some legal use of cannabis oil for medical purposes, Georgia has not legalized recreational marijuana, and possession of traditional marijuana in any form remains a prosecutable offense.

Decriminalization in Some Cities—But Not Statewide

Some cities and counties in Georgia—such as Atlanta, Clarkston, and Savannah—have passed local ordinances to decriminalize possession of less than an ounce of marijuana. In these jurisdictions, possession may result in a fine instead of jail time. However, decriminalization is not the same as legalization, and state law still applies.

This means that in areas like Cobb County, Gwinnett County, or Johns Creek, you could still face arrest, jail time, and a permanent criminal record for a small amount of marijuana. Even in decriminalized areas like Atlanta, police may charge you under state law at their discretion.

Why You Should Take Marijuana Charges Seriously

Even a misdemeanor marijuana conviction can result in serious consequences:

• A permanent criminal record
• Loss of employment or future job opportunities
• Suspension of your driver’s license
• Ineligibility for some federal benefits, including student aid

If you’ve been charged with marijuana possession or a related offense, it’s crucial to speak with an experienced criminal defense attorney right away at The Spizman Firm. Our Atlanta Criminal Defense Attorneys evaluate the evidence, explore alternatives such as diversion programs, and fight to protect your record and future.

We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact The Spizman Firm today for a confidential consultation and let us help you navigate your case.