Although it is a comparatively less dangerous drug than some of the others that share its classification, possession of marijuana in Georgia still carries severe sentences and penalties if convicted.
Not only will you possibly be subject to jail time and heavy fines, a conviction can bring with it unintended consequences. This can include the inability to pursue certain professional occupations, ineligibility for admission to specific graduate programs, as well as loss of eligibility for some types of government assistance on which so many depend.
Understanding the laws and process involved with a marijuana possession charge is the first step in preventing this issue from becoming a major long-term problem in your life. Since the burden of proof is on the prosecution to prove guilt beyond a reasonable doubt, a strong defense approach to this issue could help you reduce charges or possibly dismiss them.
OCGA §16-13-2 states that possession of less than one ounce of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. In certain cases, a person can perform community service for up to 12 months. Alternatively, a person who is a first time offender may also be eligible for deferred adjudication or parole under OCGA § 16-13-2(a).
If you are allegedly found with an ounce or more of marijuana, you will most likely be charged with a felony, which carries a presumed sentence of one to ten years in prison and/or fines of up to $10,000.
The state of Georgia differentiates between different “types” of possession. According to the Georgia Code, an alleged criminal must have actual or constructive possession of marijuana in order to be charged.
• Actual Possession – Generally, this means that the marijuana was in the alleged offender’s hand, on his body, on his clothing, or within his immediate reach.
• Constructive Possession – Generally means that the alleged offender was able to gain control of the marijuana, intended to take actual possession of the marijuana, and knew that the marijuana was in his or her presence. Due to all the requirements necessary for constructive sentencing, this is a much more difficult charge to prosecute.
Although apparently unrelated to the alleged crime in question, the state of Georgia also requires that if you have been convicted of marijuana possession, your license will also be suspended (OCGA 40-5-75). He will reportedly receive a 180-day driver’s license suspension for a first conviction, a one-year suspension for a second conviction and five years for third-time convictions. No matter what the situation, he also cannot apply to receive a limited or hardship permit. As for his license reinstatement, he will be required to complete a drug risk reduction program and pay a reinstatement fee of $200.
With the myriad of negative consequences that unfold after a marijuana possession conviction, an effective defensive strategy is vital to avoiding these extremely punitive and anxiety-provoking penalties. If you choose to work with a Georgia criminal defense attorney, it is best that you get this job done as soon as possible. This allows your attorney to conduct any necessary independent investigation, consult witnesses and experts, or gather urgent information.