Marijuana Possession in Georgia: What’s Legal and What’s Not
As laws surrounding marijuana continue to evolve across the United States, Georgia remains one of the more restrictive states when it comes to cannabis possession and use. While some forms of marijuana are permitted under limited medical circumstances, recreational use is still illegal, and possession can lead to serious legal consequences. If you are unsure about what is allowed and what could result in criminal charges, our Atlanta Criminal Defense Attorneys at The Spizman Firm are here for you.
Is Marijuana Legal in Georgia?
In Georgia, recreational marijuana use remains illegal. However, the state has made limited exceptions for medical cannabis oil. Under Georgia’s Low THC Oil Registry program, certain patients with qualifying medical conditions can legally possess low-THC cannabis oil (containing no more than 5% THC). However, smoking, vaping, or consuming marijuana in other forms—such as edibles or flowers—remains illegal.
Penalties for Marijuana Possession in Georgia
The penalties for marijuana possession depend on the amount of marijuana in possession and whether it is classified as a misdemeanor or felony offense.
- Possession of Less Than One Ounce
- Classified as a misdemeanor
- Punishable by up to 12 months in jail and a fine of up to $1,000
- A first-time offender may be eligible for conditional discharge or diversion programs, which could result in dismissal of charges after completing certain conditions
- Possession of More Than One Ounce
- Classified as a felony
- Punishable by one to ten years in prison and significant fines
- A felony conviction can lead to long-term consequences, including loss of voting rights and difficulty finding employment
Decriminalization Efforts in Georgia
While Georgia has not legalized recreational marijuana, some local jurisdictions have taken steps to decriminalize small amounts of possession. Cities such as Atlanta, Savannah, and Clarkston have reduced penalties for possession of small amounts of marijuana to a civil fine rather than jail time. However, outside of these jurisdictions, Georgia’s strict state laws still apply, and being caught with marijuana can lead to criminal charges.
Marijuana and Driving Laws
Driving under the influence of marijuana is illegal in Georgia and can result in DUI-drug charges. Unlike alcohol, there is no legal threshold for THC impairment, meaning that any detectable level of marijuana in your system could lead to a DUI arrest, even if you are a medical cannabis patient. A marijuana-related DUI conviction can result in fines, license suspension, and even jail time.
Defenses Against Marijuana Possession Charges
If you are arrested for marijuana possession in Georgia, several defense strategies may be available, including:
- Unlawful search and seizure – If law enforcement violated your Fourth Amendment rights, evidence may be suppressed.
- Lack of possession – If marijuana was found in a shared space, you may argue that it was not yours.
- Medical necessity – While limited, certain medical defenses may apply in rare cases.
Contact an Experienced Criminal Defense Attorney
If you are facing marijuana-related charges in Georgia, it is important to have skilled legal representation to protect your rights. At The Spizman Firm, we defend clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a consultation to discuss your case and legal options.
