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Times have changed. Before 2012, recreational marijuana was illegal in all 50 states. Now, approximately half of the states have legalized some form of recreational marijuana.
Georgia is not one of those states.
Here, you may still be charged with possession of marijuana and other drug-related crimes.
If this happens to you, you may find yourself thinking about the charges against you, and even more often about your job, the apartment you want to rent, and what will show up on your background check.
Miller North & Brill is a McDonough criminal defense firm that handles marijuana cases in Henry County courts. We have more than 30 years of experience, and we take the time to understand our clients’ needs so that we can provide fair, ethical, and aggressive representation.
A marijuana conviction in Georgia may stay on your record permanently unless you take specific actions to restrict it, but an arrest is not a conviction. Contact us to schedule a free and confidential consultation and find out what your options are before anything is decided.
Miller North & Brill represents clients charged with the full range of marijuana-related offenses, including, but not limited to:
Depending on the charges, your case may be heard in Henry County State Court, 44 John Frank Ward Blvd, McDonough or Henry County Superior Court, One Courthouse Square, McDonough.
Georgia law treats marijuana possession as a serious offense at every level. For example:
A marijuana conviction also triggers fines and a potential driver’s license suspension in Georgia, regardless of whether a vehicle was involved. To protect your driving privilege, a letter must reach the Department of Driver Services within 30 days of your arrest. That deadline does not pause while you decide whether to hire a lawyer.
You need to act within 30 days of your arrest to protect your driver’s license. That deadline is hard. Beyond the license issue, the earlier a defense attorney reviews your case, the more options may exist to suppress evidence, challenge the stop, or pursue a diversion outcome before charges solidify. Waiting until your court date may severely limit what can be done.
Georgia does not have automatic expungement of drug convictions, including marijuana possession. A conviction stays on your record permanently and will appear in background checks for employment, housing, and professional licensing unless you take actions to restrict and seal the record.
Henry County State Court handles misdemeanor marijuana charges, meaning possession under one ounce. Henry County Superior Court at One Courthouse Square handles felony possession charges of one ounce or more. Which court your case is in depends on the amount charged, and the stakes are significantly different between the two.
Henry County has D.A.T.E. Court (Drug Abuse Treatment and Education) and other intervention programs funded through the Georgia Criminal Justice Coordinating Council. Eligibility and terms depend on the specific charge and circumstances. An attorney can evaluate whether your case qualifies and negotiate participation in lieu of a criminal conviction.
Georgia does not permit recreational marijuana, but a limited medical program exists under Georgia’s Hope Act, which allows registered patients with qualifying conditions to possess low-THC cannabis oil containing no more than 5% THC.
To participate legally, a patient must have a confirmed qualifying condition, receive a physician’s recommendation, and hold a valid registry card issued by the Georgia Department of Public Health. Possession of low-THC oil without a valid registry card is still a criminal offense. The program does not authorize smoking, cultivation, or possession of plant-form marijuana under any circumstances.
If you were charged with a marijuana offense and believe you were acting within the bounds of Georgia’s medical program, or if your situation involves any gray area between what you understood to be legal and what you were charged with, contact us to discuss the specifics before your court date.
Fees vary by charge complexity, whether the case involves a misdemeanor or felony, and how far the case proceeds. Contact us for a confidential consultation to discuss your situation and what representation involves before making any decisions about your case.
A marijuana arrest in Georgia is time-sensitive in ways that are not obvious when you are first charged. The 30-day license deadline runs whether you know about it or not. The evidence in your case is freshest right now. And once a guilty plea is entered, your options close permanently.
Miller North & Brill represents clients facing marijuana charges throughout Henry County, McDonough, Clayton, Spalding, Butts, and the surrounding circuits.
We encourage you to call us, even if you are confident that you’re innocent. Once you are charged, it’s the prosecutor’s job to prove you’re guilty, and you have the right to an experienced defense lawyer whose job it is to fight for the best possible outcome. Contact us to schedule a free and confidential case evaluation and find out what is actually possible for your situation.
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