Question: I got arrested for marijuana possession but I think what I did wasn't illegal. I even explained to the cop that although I did have pot, I got it from visiting a friend in Colorado, where it's legal. The cop pulled me over while I was driving on Georgia 400. When he pulled me over he said he smelled weed and I admitted that I had been smoking. But I told him that the pot came from Denver, Colorado, where my friend form Roswell High School goes to college.
The cop said that didn't matter and he asked me what I had. I told him I had just a couple of joints and no other drugs. And I told him I bought the weed legally and that it was good stuff and legal in a bunch of different states.
The policeman didn't care, he said. And then he arrested me for possession of marijuana. Now I'm scared that I could be in real trouble and that he screwed up my job possibilities because no one wants to hire a druggie. And I'd like to go to graduate school, maybe medical school, and an arrest for pot could prevent all that from happening.
Now that I'm scared of being in serious trouble, I was thinking that maybe I can use the defense that I bought the pot legally. I heard from a friend who you helped that you guys are down with the pot.
H.W. in Roswell, GA
Answer: That you bought the marijuana in a state where such purchases are legal will not serve as an effective legal defense here in Georgia. In Georgia, possession of marijuana is illegal. It doesn't matter that the pot was purchased in a state where it is legal to buy it and use it. In other words, the mere possession of the drug is illegal, and that it came from a state where it's legal for recreational use does not matter.
You may have other valid defenses to the charge of marijuana possession. Call us and we can discuss what strategies may work for your situation.
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