Marijuana Possession Charges in Cobb County

In Georgia, those who are accused of marijuana possession could face either misdemeanor or felony charges depending on the amount seized and whether the person was accused of simple possession or possession with intent to distribute. Read on to learn more about these kinds of drug possession cases.

Misdemeanor Possession Charges 

Under Georgia law, a person can be charged with simple possession of marijuana when he or she is found in possession of an ounce or less of marijuana. Conviction for this offense comes with a sentence of up to 12 months in jail, probation, and a fine of $1,000. Not all allegations of marijuana possession, however, result in misdemeanor charges.

Felony Possession Charges 

Possessing marijuana in Georgia can be a felony offense if the person accused is found in possession of more than one ounce, but less than ten pounds of the substance. Amounts in excess of this ten pound limit will likely result in more serious charges than possession. Those who are convicted of felony marijuana possession face at least a year, but up to a decade in prison and a fine of $100,000.

Trafficking in Marijuana 

A person who is found in possession of more than ten pounds of marijuana will likely be charged with drug trafficking, which is a much more serious offense than mere possession. For instance, those found with more than ten pounds, but less than 2,000 pounds of marijuana will be sentenced to no less than five years in prison and be required to pay a $100,000 fine, while those found in possession of between 2,000 and 10,000 pounds face a mandatory minimum piston sentence of seven years and a $250,000 fine. Finally, those found with 10,000 or more pounds of marijuana will be sentenced to no less than 15 years in prison and be required to pay a $1 million fine.

Proving Possession of Marijuana 

To prove that a person is guilty of possession of marijuana, whether as a felony or misdemeanor charge, prosecutors will need to establish that the accused was either in actual or constructive possession of the substance. Actual possession occurs when the illegal substance is found on the accused’s person (e.g. in his or her pocket), while constructive possession means that the accused had control over the substance without necessarily actually physically possessing it. A person found to be driving a vehicle in which marijuana is found in the center console of a vehicle, for instance, can be said to be in constructive possession of the drug. Fortunately, defendants who are the victims of unlawful searches and seizures can have any evidence discovered during such a search thrown out. This is one of the strongest defenses that a person accused of marijuana possession can raise.

Were You Accused of Marijuana Possession in Cobb County?

 To set up a free consultation with an experienced Cobb County drug possession lawyer, please call Andrew L. Schwartz, P.C. at 678-853-2500 today. We can assess your case and walk you through your legal options to give you a better idea of what you and your family are facing.

Sources: 

law.justia.com/codes/georgia/2020/title-16/chapter-13/article-1/section-16-13-2/

clery.emory.edu/policies/penalties.html#