Fulton County Marijuana Lawyer

Fulton County Marijuana Attorney

Marijuana laws across the United States have been evolving significantly over the last decade, presenting new freedoms and complex legal challenges related to drugs all at the same time. A skilled Fulton County marijuana lawyer understands the nuances of state and cannabis laws, which makes them a useful resource for anyone who needs to defend themselves against marijuana allegations.

At Miller North & Brill, we pride ourselves on having a deep understanding of all the new marijuana laws and what our clients need. Our team of dedicated criminal defense attorneys is well-trained in how to provide the type of personalized legal representation that breeds the most effective defense strategies. Our proven track record of success in the marijuana space proves we’ve developed a strong defense methodology to the benefit of our clients.

Fulton County Marijuana Lawyer

What Are the Most Common Marijuana Charges in Fulton County, Georgia?

The exact nature of a marijuana charge in Georgia depends on how much of the substance an individual was caught in possession of and what their intent was to use it. Some of the most common include:

Misdemeanor Possession of Marijuana

If you have been charged with a misdemeanor for being in possession of marijuana, it means you were found to have one ounce or less of the drug. If found guilty, the maximum penalty is a $1,000 fine and up to a 1-year prison sentence.

Felony Possession of Marijuana

If you were caught having more than one ounce of marijuana, the penalties can escalate to a $5,000 fine or anywhere from 1-10 years spent in prison. The distinction for these penalties is that it must be clear you were in possession of marijuana only for personal use and had no intent to distribute it to anyone else.

Possession with Intent to Distribute

When someone is not only caught having marijuana on hand but also with a clear intention to either provide or sell it to someone else, the penalties escalate significantly. First, these charges become felonies rather than misdemeanors. If the marijuana you were intending to distribute weighs 10 pounds or less, your felony charge could be matched with a 1-10-year prison sentence and a fine of up to $5,000.

This penalty is nearly doubled if the marijuana weighs between 10 and 2,000 pounds. Individuals found guilty of this much cannabis could face 5–30 years in jail and a possible $100,000 fine. This continues to increase in parallel with an increase in the amount of marijuana the individual was found to be in possession of.

Being accused of any of these crimes can be extremely frightening, especially when you see how consequential the penalties could be with a guilty verdict. However, not every marijuana accusation ends up being proven true in court. This is why hiring a qualified criminal defense attorney who has experience in the cannabis legal space is a good decision when facing a marijuana charge.

How Can I Defend Myself Against a Marijuana Charge?

There are many different strategies that you and your defense attorney can take to combat the prosecution’s allegations against you in Fulton County. One of the most common tactics is to challenge the legality and integrity of the evidence itself. If an attorney finds that any evidence was unlawfully collected during an illegal search, they can file a motion to dismiss it from being used in court. This could jeopardize the entire case against you.

A few other defense strategies include:

  • Arguing that you were never actually in possession of the substance
  • Providing evidence that you have been medically prescribed cannabis
  • Showing how you were entrapped by law enforcement
  • Identifying a procedural mistake during your arrest or handling of evidence

To figure out which defense position might be the most helpful to your own case, hire a Fulton County marijuana lawyer as soon as you can.

FAQs

Q: Is Marijuana Decriminalized in Fulton County, Georgia?

A: Marijuana is not completely legal in Georgia, yet several areas within the state, like Fulton County, have passed their own ordinances that decriminalize small portions of the substance. If you were caught with less than one ounce of marijuana in Fulton County, you may not be sentenced to jail and would not be fined any figure over $75. It’s important to remember that there could be additional penalties under Georgia state law where cannabis is not legal.

Q: What is the Law on Marijuana in Georgia?

A: Using Marijuana in Georgia recreationally is still illegal. If you are found to possess less than one ounce of marijuana, the state could decide to charge you with a $1,000 fine and potential prison sentence. This could be up to the discretion of the law enforcement officers who found you in possession and how your case escalates through the courts. These state punishments increase based on how much marijuana you own and how you intend to use it.

Q: Is THC Legal in Georgia?

A: THC, short for tetrahydrocannabinol, is the psychoactive component found in marijuana that brings users the type of relief they seek when using the substance. This is still illegal in Georgia on the state level, especially in forms where the substance is smoked or vaped. However, Georgia has implemented a marijuana program that allows low levels of THC oil to be used medically. It must be less than 5% THC by weight and no more than 20 fluid ounces in a single container.

Q: Is Delta 8 legal in Georgia?

A: As of November 2023, Georgia’s Court of Appeals ruled that Delta 8 is not considered a controlled substance. This means that an individual found in possession of Delta 8 cannot face the marijuana penalties laid out by the state. This is largely because Delta 8, while still a cannabinoid with THC, has much milder psychoactive effects that don’t disrupt an individual’s ability to function to the unsafe level that traditional marijuana can.

Contact Miller North & Brill Today

If you have been alleged to have engaged in an illegal marijuana act, contact the defense attorneys of Miller North & Brill for a free consultation today. We have been staying on top of how these laws in Fulton County have been evolving and will work on your behalf to reduce or dismiss the claims against you.

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