Georgia Marijuana Laws for Possession, Growing, Selling

Georgia employs among the toughest marijuana laws in the country, including having Mandatory Minimums and tax stamp laws. Every year, according to the Justice Department, Georgia arrests around 25,000 of its citizens for marijuana-related issues. The state produces about 85,000 pounds of marijuana annually with a top street value of $585 million, according to DEA records.

Medical Marijuana Users

Georgia has no current medical marijuana laws.

Non-Medical Users:

Georgia considers all marijuana users non-medical in nature. While the state is lenient on first time offenders with caught possessing small amounts and runs conditional release programs, the majority of the penalties for possessing or selling and cultivating marijuana are severe. Additionally, Georgia runs the Marijuana Tax Stamp program, which calls for a $3.50 tax per gram on all marijuana in a person’s possession. This is a technique intended to lengthen penalties and increase fines for those convicted of marijuana charges.

Penalties for Marijuana Use in Georgia:

Possession of less than 1 oz, first offense	Misdemeanor	The penalty is probation
Possession of less than 1 oz, subsequent offense	Misdemeanor	Penalties include up to 1 year in jail and fines up to $1,000
Possession of 1 oz or more	Felony	Penalties include 1-10 years in jail and variable fines
Possession within 1,000 feet of a school or other specified area, first offense	Felony	Penalties include up to 20 years in jail and fines up to $20,000
Possession within 1,000 feet of a school or other specified area, subsequent offense	Felony	Penalties include a Mandatory Minimum sentence of 5 years and a $40,000 fine
Use of Communication Equipment	Felony	Penalties include and additional 1-4 years of jail time upon existing sentence and a $30,000 fine

Penalties for Growing, Selling and Trafficking:

10 pounds or less	Felony	The penalty is 1-10 years in jail
10 to 2,000 pounds	Felony	Penalties include a Mandatory Minimum sentence of 5 years and a $100,000 fine
2,000 to 10,000 pounds	Felony	Penalties include a Mandatory Minimum sentence of 7 years and a $250,000 fine
Over 10,000 pounds	Felony	Penalties include a Mandatory Minimum sentence of 15 years and a $1,000,000 fine
Use of communication equipment	Felony	Penalties include and additional 1-4 years of jail time upon existing sentence and a $30,000 fine
Any use of a minor	Felony	Penalties include a Mandatory Minimum sentence of 5 years and a $20,000 fine

Marijuana Paraphernalia:

Any conviction (first offense) leads to a minimum 6-month suspension of driver’s license

Any conviction (second offense) leads to a minimum 1 year suspension of driver’s license

Any conviction (third offense) leads to a minimum 2-year suspension of driver’s license

Any conviction may also result in the suspension of any professional license

Penalties for Driving Under the Influence of Marijuana (DUID)

Georgia is a state that has extremely tough ‘zero tolerance per se’ DUID laws. These laws state that a person is guilty of DUID if “within four hours of driving, their blood contains and amount of illicit or recreational drug that is the result of the unlawful use or consumption…” of marijuana. Of course, marijuana can stay in a person’s blood stream fro 4-5 days after use, so this law is very tough on users, and has nothing to do with driving performance.

Legal Help with a Marijuana Offense

With Georgia’s tough marijuana laws, it is imperative for those who have been convicted of a marijuana crime to consult a marijuana attorney immediately. A seasoned marijuana lawyer will begin working immediately within the parameters of the law to ensure your best interests are as protected as can be, and that you fully exercise all options in front of you, be it a plea bargain or some other course of alternative sentencing.

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Georgia Marijuana Laws