ATLANTA, GEORGIA FELONY MARIJUANA POSSESSION INFORMATION
Why You Should Hire An Atlanta Lawyer To Fight Your Felony Marijuana Possession Charge
Hiring a possession of marijuana defense lawyer is the only way to get the best possible result in your felony possession of marijuana case. Under Georgia law, a negotiated plea can be de-escalated from a felony to a misdemeanor. Experienced defense attorney Sean Goldstein knows the marijuana possession laws in Georgia and will help you fight your felony marijuana possession charge to avoid conviction.
Even if you were arrested for possession of marijuana, that does not mean the State had the legal right. Sean Goldstein will work to determine if the State had the right to arrest or search you for marijuana. It’s possible your marijuana arrest or search was illegal and the case could be dismissed. Police officers must have a Constitutional basis for stopping and searching you. If the stop, detention, or search is found to be illegal, anything found as a result of the search can be thrown out and your case can be dismissed.
If you are charged with felony possession of marijuana, the State might not be able to establish your possession of the marijuana. Defense attorney Sean Goldstein knows how to attack the evidence in your possession case to give you the best possible chance of beating your felony marijuana possession charges. Actual possession is when marijuana is found on your person. Constructive possession is when marijuana is found in your vehicle, home, or business. Being in proximity to marijuana is not enough for the State to prove that you owned it – they must prove that you wittingly possessed it.
Having the right marijuana defense attorney with you can be the difference between a conviction and possible prison sentence if a court finds you guilty of felony marijuana possession. You may be able to avoid a lifetime of being defined by a criminal record with the right legal defense. After an arrest, you are entitled to legal counsel. You can choose to use a public defender, but you’ll be one of hundreds of cases they handle. Sean Goldstein’s previous time as a felony level public defender means he understands how to successfully defend someone against marijuana possession charges. Sean’s attention to detail means that he will look for the best way to proceed and work for an optimal outcome.
Georgia Felony Marijuana Possession Laws and Statutes
O.C.G.A. 16-13-30. Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties
(j)(1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
Georgia Felony Marijuana Possession Penalties
Jail/Probation: 12 months mandatory minimum up to 10 years
Fine: Up to $5000.00
License Suspension: Yes
Georgia Marijuana Possession with Intent to Distribute, Sale/Delivery, or Cultivation
The crime of possession of marijuana is a separate offense from the sale of marijuana. Trafficking in marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds of marijuana. If you are charged with felony marijuana possession with intent to distribute, sale/delivery, or cultivation, you face the following penalties:
10 pounds or less of marijuana is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Subsequent amounts can reach a maximum of 30 years imprisonment and a maximum fine of $1,000,000.
If within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone, it is punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of 5 years and maximum of 40 years imprisonment and/or a fine up to $40,000.
Any hashish or concentrate amount is considered a felony and is punishable by a minimum of 5 and maximum of 30 years imprisonment. If the conviction is a second or subsequent offense, it is punishable by a minimum of 10 and maximum of 40 years imprisonment.
If you’ve been charged with felony marijuana possession in Atlanta, or anywhere in the State of Georgia including Gwinnett County, Dekalb County, Fulton County, Cobb County, or Douglas County, or in the cities of Atlanta, Alpharetta, Brookhaven, Chamblee, Doraville, Douglasville, Dunwoody, Duluth, Johns Creek, Lawrenceville, Marietta, Norcross, Roswell, Sandy Springs, or Suwanee, call us at (678) 757-5529 for a free consultation or Contact Goldstein Law Group online.