Feb 222012
 February 22, 2012

georgia medical marijuanaGeorgia Marijuana Policy

Marijuana laws in Georgia are not as harsh as some that I have seen in the United States, but they are far from the friendliest. If you get caught for personal use and possession of less than an ounce of marijuana in Georgia, it’s punishable by probation, and the charges are dropped from the record after all requirements are met. That’s not as good as a state like California or Oregon where you pay a fine and go about your business, but it’s also not as bad as states that require incarceration for personal marijuana possession.

Below are the marijuana laws, provided by Georgia NORML:

Decriminalized? — No.

Possession of less than 1 oz (first offense) is a misdemeanor, punishable by probation only, and the charges are dropped from the record after completion.

Possession of less than 1 oz (subsequent offense) is a misdemeanor, punishable by 1 year in jail and a $1,000 fine.

Possession of 1 oz or more is a felony, punishable by 1-10 years in prison and a fine that is to be determined by the judge.

Possession of any amount within 1,000 feet of a school or other specified area (first offense) is a felony, punishable by 20 years in prison and a $20,000 fine, in addition to related penalties.

Possession of any amount within 1,000 feet of a school or other specified area (subsequent offense) is a felony, punishable by a mandatory 5 year prison sentence, but up to 20 years, and a $40,000 fine.

The use of communication equipment in conjunction of a purchase is a felony, punishable by 1-4 years in prison and a $30,000 fine, in addition to related penalties.

Distributing or cultivating 10lbs or less is a felony, punishable by 1-10 years in prison.

Distributing or cultivating 10-2,000lbs is a felony, punishable by a mandatory prison sentence of 5 years and a $100,000 fine.

Distributing or cultivating 2,000 to 10,000lbs is a felony, punishable by a mandatory prison sentence of 7 years and a $250,000 fine.

Distributing or cultivating 10,000lbs or more is a felony, punishable by a mandatory prison sentence of 15 years, and a $1,000,000 fine.

Using communication equipment in the process of distribution or cultivation is a felony, punishable by 1-4 years in prison and a $30,000 fine, in addition to other related penalties.

Using a minor in the distribution or cultivation of marijuana is a felony, punishable by a 5 year mandatory prison sentence, and a $20,000 fine.

The first conviction for possession of paraphernalia results in suspension of driving privileges for 6 months. The 2nd offense results in 1 year, the 3rd offense results in 2 years. If it is the first offense, you can complete a drug treatment program and be reinstated earlier if it is before the 6 month mark.

The state allows conditional release for some first time prosecutions. At the end of the diversion program, the charge is stricken from the offender’s record.
Georgia is one of the last states to have a Marijuana Tax Stamp Law. Essentially, in order to possess the marijuana, you have to have a stamp. However, you only get the stamp when you are already in possession of the marijuana, which makes in you in violation. This act is illegal, but until it is challenged, it will remain on the books. A similar law was enacted at the Federal level and later found unconstitutional.

Medical Program in Georgia? — No.

 

Want to bring marijuana reform to Georgia? Below are some great organizations to get active with:

Georgia For Cannabis
http://www.georgiaforcannabis.org

Georgia For Cannabis - G4C

C.A.M.P. ~ Coalition for the Abolition of Marijuana Prohibition
www.worldcamp.org 404-462-7959 pablo@worldcamp.org

Georgia NORML – State Chapter

Georgia NORML at University of Georgia – College Chapter

Georgia NORML at UWG – College Chapter

About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • Njweedman

    Plz retweet – Cannabis Consuming Community of America, State of NEw Jersey vs NJWeedman trial begins 4/10 – http://home.njweedman.com/node/17

  • Mr. PhilliP Bank$

    Hey I have court on Tuesday for my second misdemeanor possession charge. I have alot going for myself currently. Do you think that the judge may give me probation?

    • Brenda

      what did they do for your first misdeameanor possession charge?

  • tylerclark33

    My girl friend just got caught at school with under an ounce. Evidence of her distributing under an ounce was revealed on her cell phone through text messages and pictures, during school hours as well. Although, she never distributed at school and the weed she got caught with was her friend’s. Would she have the potential to only have possessional charges from the evidence on her phone and not from when she caught from school due to it belonging to her friend? Ulimately, would she be able to avoid the charge of possesion in a drug free zone?