Clayton County Marijuana Lawyer

Clayton County Marijuana Attorney

Drug crimes are serious offenses that can lead to life-altering consequences. The state of Georgia has some of the harshest drug crime penalties in the country. It is important that Georgia residents are aware of the state’s drug crime laws and how they are enforced. If you or someone you know has been accused of a drug crime, it may be beneficial to engage the help of a Clayton County marijuana lawyer.

If you find yourself in this position, it often takes an experienced marijuana lawyer who can help you prepare a defense against the alleged charges. A lawyer can help you navigate the distinct aspects of Georgia state law and help ensure your rights are protected through each step of the criminal court process.

Possession of Marijuana

If you are charged with possession of marijuana, you will be facing either misdemeanor charges or felony charges. The difference between a misdemeanor charge and a felony charge is typically related to the amount of marijuana in possession.

• Misdemeanor marijuana possession. Possession of less than one ounce of marijuana is generally considered a misdemeanor. It is important to note that this only applies to marijuana that is in green lead or bud form. If the marijuana has been altered or extracted from the green leaf form, then it could be considered a felony even if it is less than one ounce. Misdemeanor marijuana possession could be punishable with up to a year in prison and a $1,000 fine.
• Felony marijuana possession. Marijuana possession could be considered a felony if the amount is between one ounce and ten pounds. This can include green leaf marijuana, THC cartridges, wax, oils, edibles, and liquids that contain over 5% of THC. Felony possession of marijuana could be punishable by up to ten years in prison.

Possession with Intent to Distribute

If you are charged with possession of marijuana with intent to distribute, it could be punishable with up to thirty years of prison time, even for first-time offenders. Common ways that the prosecution may try to prove intent to distribute include finding evidence of large amounts of money, a scale, baggies, a ledger or other accounting tool, and other related objects. If these objects are found in your possession, then you could be charged with intent to distribute.

FAQs

Q: Is Marijuana Decriminalized in Clayton County, Georgia?

A: Marijuana is not a decriminalized substance in Clayton County, Georgia. Under Georgia state law, marijuana is considered a Schedule 1 controlled substance. Schedule I substances are substances that are believed to be highly addictive and contain no proven medical use. Some cities in Georgia have taken steps toward decriminalizing possession of marijuana through city and county ordinances. It is important to understand that you could still be charged under the state marijuana law statute instead of the city or county ordinance.

Q: How Do You Beat a Possession Charge in Georgia?

A: To beat a possession charge in Georgia, you may have a few criminal defense options. One option you may pursue is a deferred adjudication or disposition. The Georgia First Offender Act may allow you to receive a deferral, which means that if you plead guilty to the drug possession charges and you complete the terms of the sentence, then the charges may be dismissed. Another option may be to pursue a conditional discharge. A conditional discharge may allow the court to dismiss the charges without guilt.

Q: Is Marijuana a Controlled Substance in Georgia?

A: Marijuana is considered a Schedule I drug and is therefore considered a controlled substance. Controlled substances in the state of Georgia include marijuana, ecstasy, heroin, and LSD. Penalties for possession of any of these Schedule I drugs could lead to a lengthy prison term and fines. The Controlled Substances Act under the Drug Enforcement Agency regulates the categories and schedules for controlled substances. Georgia Code 16-13-30 outlines the penalties for the possession, distribution, manufacture, or sale of controlled substances, including marijuana.

Q: What Are the Marijuana Laws in Georgia?

A: The marijuana laws in Georgia are outlined in the Georgia Code 16-13-30. Georgia is one of the few states that has specific statutes regulating marijuana crimes. The Georgia Code states that it is unlawful for an individual to manufacture, deliver, distribute, dispense, buy, sell, or possess marijuana. If you were caught with the intent to distribute marijuana, then you could face serious consequences. It is also important to understand that there is a difference between being charged with possession and being charged with the sale of marijuana.

Q: How Do I Get Charged with Possession?

A: There are generally two types of possession: actual possession and constructive possession. Actual possession occurs when the drug is found on your person, such as in your pocket, wallet, or purse. Constructive possession occurs when the drug is found in your house, vehicle, or at your place of business. Georgia state law assumes that you exercise dominion over your home, vehicle, and place of business and, therefore, presume you to be the owner of any drugs found there.

The Right Legal Team on Your Side

Marijuana offenses can carry serious consequences and lead to severe legal trouble for individuals involved. If you or someone you know has been accused of any drug crimes such as possession or distribution, then you should contact an attorney as soon as possible. An experienced attorney could help review your case and provide the legal advice needed to help you through your legal case. With an attorney on your side, your chances of successfully resolving your case improve.

At Miller North & Brill, our legal team is equipped with the necessary knowledge and acumen needed to help you address your case. It can be difficult to navigate through the Georgia state legal system. With the help of our legal team, you can rest assured that you are getting the proper legal representation you need. We can explore every legal avenue possible to find the right solution for you. Contact our team today to see how our team can help you.