Marijuana Defense Attorney in Roswell

Although America is slowly changing state laws in regards to marijuana possession, pot is still illegal in Georgia and conviction rates remain high. Penalties also remain high even though it is a lower class schedule drug. Now that state laws are changing for both medicinal and recreational purposes, some confusion has arisen.

Georgia Marijuana Possession Laws

Because Georgia is the gateway for many drugs flowing from Florida to the rest of the East Coast, drug offense laws are known to be strict. Although in recent years Georgia has passed a medical marijuana law, recreational use of marijuana is still illegal.

Misdemeanor possession is defined as:

• 1 ounce or less
• Residue of marijuana on a grinder or other drug paraphernalia
• Seeds or stems of a marijuana plant

The penalty of misdemeanor possession can include:

• Up to a $1,000 fine,
• Mandatory license suspension for 6 months,
• Up to 12 months in jail,
• Community service,
• And treatment if necessary.

A second offense of less than 1 ounce is still considered a misdemeanor. However, the charge can escalate to a felony if baggies or large quantities of cash are found, because these can indicate an intent to distribute.

Felony vs Misdemeanor Drug Charges

Felony possession is defined as:

• Anything more than 1 ounce

The penalty of misdemeanor possession can include:

• An automatic one-year suspension of your driver's license,
• More than $1,000 in fines,
• A minimum one year prison sentence (up to 20),
• And permanent loss of certain Constitutional rights that other citizens enjoy.

Repeat felony offenses are far more likely to receive the maximum sentence. At the Federal level, the Controlled Substances Act bans marijuana in all forms and uses, even medicinal.

Challenging Marijuana Evidence

The most crucial evidence in a case involving drugs is the physical evidence of the drug in question. While this can be obtained by search, officers must always have probable cause to search your vehicle or property. A police officer requesting to search your home must have a warrant to do so. If any evidence is found during an illegal search, the evidence can be challenged and possibly thrown out if the seizure was not done properly.

Legal Defense and Conditional Discharge

If this is your first drug possession offense, the judge may allow for conditional discharge or the use of the "first offender" statute. In the case of a conditional discharge, a probationary period with certain conditions such as program meetings or therapy may be required. However, at the completion of these terms, the charges will be dropped and can be removed from your record. Violating the probation can cause your sentence to increase to the maximum for a first-time offender.

Contact Us Today

In any drug possession case, whether it is your first of a repeat offense, you'll need an experienced Roswell drug crime lawyer to fight for the best case scenario in your case.

Contact Sherman Law Group for trusted legal assistance!

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