Marijuana Charges

Accused of a Marijuana Crime in Gwinnett County?

Drug crimes are aggressively investigated and prosecuted in Georgia. If you or someone you know has been charged with a marijuana offense, you need to take the matter very seriously. Criminal penalties for marijuana possession, distribution, and cultivation can be severe. A conviction can lead to a jail or prison sentence, steep fines, probation, and other consequences.

At Houston Washburn Law, our Gwinnett County marijuana crime lawyer has extensive experience handling drug crime cases. We will work tirelessly to protect your rights and help you navigate through the legal process. As a former prosecutor, Attorney Houston Washburn has a unique understanding of both sides of the courtroom.

For a consultation, call us today at (770) 766-8966. We are here to help you.

What Are the Penalties for Marijuana Possession in Georgia?

Under Georgia law, it is illegal to possess marijuana, which is considered a controlled substance. The penalties for marijuana possession depend on the amount of marijuana and other factors.

The penalties for marijuana possession in Georgia are as follows:

• Possession of less than 1 ounce is a misdemeanor. A conviction can lead to up to 1 year in jail and/or a fine of up to $1,000.
• Possession of 1 ounce to 10 pounds is a felony. A conviction can lead to 1 to 10 years in prison.
• Possession of 10 to 2,000 pounds is a felony. A conviction can lead to 5 to 30 years in prison.
• Possession of more than 2,000 pounds is a felony. A conviction can lead to 10 to 40 years in prison.

What Are the Penalties for Marijuana Distribution in Georgia?

It is also illegal to distribute marijuana in Georgia. The penalties for marijuana distribution depend on the amount of marijuana and other factors.

The penalties for marijuana distribution in Georgia are as follows:

• Distribution of less than 10 pounds is a felony. A conviction can lead to 1 to 10 years in prison.
• Distribution of 10 to 2,000 pounds is a felony. A conviction can lead to 5 to 30 years in prison.
• Distribution of more than 2,000 pounds is a felony. A conviction can lead to 10 to 40 years in prison.

What Are the Penalties for Marijuana Cultivation in Georgia?

It is also illegal to cultivate marijuana in Georgia. The penalties for marijuana cultivation depend on the amount of marijuana and other factors.

The penalties for marijuana cultivation in Georgia are as follows:

• Cultivation of less than 10 pounds is a felony. A conviction can lead to 1 to 10 years in prison.
• Cultivation of 10 to 2,000 pounds is a felony. A conviction can lead to 5 to 30 years in prison.
• Cultivation of more than 2,000 pounds is a felony. A conviction can lead to 10 to 40 years in prison.

What Are the Penalties for Marijuana Trafficking in Georgia?

It is also illegal to traffic marijuana in Georgia. The penalties for marijuana trafficking depend on the amount of marijuana and other factors.

The penalties for marijuana trafficking in Georgia are as follows:

• Trafficking of less than 10 pounds is a felony. A conviction can lead to 1 to 10 years in prison.
• Trafficking of 10 to 2,000 pounds is a felony. A conviction can lead to 5 to 30 years in prison.
• Trafficking of more than 2,000 pounds is a felony. A conviction can lead to 10 to 40 years in prison.

What Are the Penalties for Marijuana DUI in Georgia?

It is illegal to operate a motor vehicle under the influence of marijuana. If you are found to be driving under the influence of marijuana, you can be charged with a DUI offense.

The penalties for a marijuana DUI in Georgia are as follows:

• A first offense is a misdemeanor. A conviction can lead to a jail sentence ranging from 10 days to 1 year, a fine of up to $1,000, a 12-month license suspension, at least 40 hours of community service, and mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program.
• A second offense is a misdemeanor. A conviction can lead to a jail sentence ranging from 90 days to 1 year, a fine of $600 to $1,000, a 3-year license suspension, at least 30 days of community service, mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program, and mandatory installation of an ignition interlock device (IID) in your vehicle.
• A third offense is a misdemeanor. A conviction can lead to a jail sentence ranging from 120 days to 1 year, a fine of $1,000 to $5,000, a 5-year license suspension, at least 30 days of community service, mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program, mandatory installation of an IID in your vehicle, and mandatory enrollment in a substance abuse treatment program.

How Can a Marijuana Crime Lawyer Help Me?

If you have been charged with a marijuana offense, you need to take the matter very seriously. A conviction can lead to a jail or prison sentence, steep fines, probation, and other consequences. A marijuana crime lawyer can help you fight the charges and protect your rights.

A marijuana crime lawyer can help you in the following ways:

• Conduct a thorough investigation of the facts and evidence in your case
• Look for evidence that can be used to challenge the legality of the search and seizure
• Look for evidence that can be used to challenge the reliability and credibility of the evidence that is being used against you
• Look for evidence that can be used to show that you did not possess the marijuana, you did not know that you possessed the marijuana, or you did not intend to possess the marijuana
• Look for evidence that can be used to show that you did not possess the marijuana with the intent to distribute it
• Look for evidence that can be used to show that you did not cultivate the marijuana or traffic the marijuana
• Look for evidence that can be used to show that you were not driving under the influence of marijuana
• Help you understand your legal rights and options
• Help you determine the best course of action given the circumstances
• Help you build a strong and effective defense strategy
• Help you navigate through the legal process
• Help you fight for a fair and favorable resolution of your case
• Help you fight for a dismissal of the charges against you
• Help you fight for an acquittal at trial

How Can I Defend Myself Against Marijuana Charges?

There are a number of defenses that can be used to challenge marijuana charges. A marijuana crime lawyer can help you determine the best defense strategy given the circumstances.

Some common defenses to marijuana charges include:

• Illegal search and seizure
• Unreliable and/or incredible evidence
• Lack of possession
• Lack of knowledge
• Lack of intent
• Valid prescription for medical marijuana
• Valid permit for the cultivation of hemp
• Valid permit for the distribution of marijuana

Can My Marijuana Charges Be Expunged?

Expungement is the process of legally destroying, obliterating, or striking out records or information in files, computers, and other depositories relating to criminal charges. Expungement can be a great way to clear your criminal record and move on with your life. However, not everyone is eligible for expungement in Georgia.

Under Georgia law, you may be eligible for expungement if:

• The charges were dismissed.
• You were acquitted of the charges.
• You successfully completed a pretrial diversion program.
• You successfully completed a drug court program.
• You successfully completed a mental health court program.
• You successfully completed a veterans court program.
• You were convicted of a misdemeanor offense and you have not been convicted of a felony offense in the past 5 years.
• You were convicted of a juvenile offense and you have not been convicted of a felony offense since you turned 21 years old.

Can I Get a Medical Marijuana Prescription in Georgia?

Under Georgia law, it is illegal to possess marijuana. However, there are some exceptions. In 2015, the Georgia General Assembly passed legislation allowing some patients to legally possess low THC oil, which is a marijuana derivative. THC is the chemical in marijuana that causes the “high.”

Under Georgia law, you can legally possess low THC oil if you are a registered patient and you have been diagnosed with one of the following medical conditions:

• Cancer
• ALS (Amyotrophic Lateral Sclerosis)
• Seizure disorder
• Multiple Sclerosis
• Parkinson’s Disease
• PTSD (Post-Traumatic Stress Disorder)

Low THC oil must be in the original container that is labeled with the patient’s name and the name of the physician. Low THC oil can only be obtained from a medical marijuana dispensary.

Contact Our Gwinnett County Drug Possession Lawyer Today

If you or a loved one is facing drug possession charges, don't face the legal system alone. The stakes are high, and having a skilled Gwinnett County drug possession attorney from Houston Washburn Law by your side can make a significant difference in the outcome of your case. Contact us today to schedule a consultation and discuss your defense strategy. We are here to fight for your rights and guide you through the legal process with confidence and expertise.

Contact Houston Washburn Law today to get started with our Gwinnett County drug possession attorney.