When it comes to cannabis and other related products, it’s best to learn about them from the best criminal lawyer in Georgia, as no two states have the same laws when it comes to marijuana and these laws are always subject to change.
This is no more crucial than in Georgia, where the use of cannabis is limited to those with legitimate medical needs. The state’s “Haleigh’s Hope Act” allows eligible patients to possess cannabis oil with a low THC content. This may change as the law surrounding cannabis use continues to develop.
Let’s take a closer look at Georgia’s marijuana laws.
Possession, Sale, and Trafficking
The sale, possession, and use of hemp-based products are illegal in most states. However, a few states have legalized marijuana for medicinal purposes, and a few have even legalized its use for recreational purposes.
Georgia’s laws are relatively strict, but many counties in the state offer alternative sentencing programs for offenders, which offer treatment instead of jail time. Possessing less than an ounce is punishable by up to one year in prison. If an individual is found to have more than an ounce of marijuana is a felony offense in the state of Georgia, they face a prison sentence of a minimum of one year to a maximum of ten years if convicted.
In addition, thanks to Georgia’s strict statutes, it is illegal to have marijuana in any capacity in the state of Georgia. This includes having it for personal use and selling or manufacturing it. There is no distinction between these activities in sentencing, so they are all treated equally under the law. To avoid hiring the best criminal lawyer in Georgia, do not carry, sell, or receive marijuana.
Concerns Regarding Drug-Free Zones
The Peach State is also strict regarding the possession, sale, and trafficking of marijuana and other byproducts in public areas accessible to children. The 2020 Georgia Code Title 16 states that violations within 1,000 feet of certain locations incur additional penalties than regular prison time and fines. These locations include schools, parks, playgrounds, recreation centers, public housing projects, and commercial drug-free zones.
- If you are convicted of a crime for the first time, you may be sent to prison for up to 20 years, fined up to $20,000, or both.
- If convicted of this felony a second time, you will face a mandatory sentence that can reach forty years in prison, a fine of up to $40,000, or both.
The defendant can avoid extra punishment for crimes that took place in a drug-free zone if they can prove:
- The possession, sale, or trafficking happened in a fully private area.
- The act was not for financial gain.
- Everyone in the event was of legal age (18 years old and above).
Let’s Simply as We End
If you need to review or revisit Georgia’s marijuana codes in detail, just click the links below:
- Georgia Code Title 16. Crimes and Offenses § 16-13-30.
- Georgia Code Title 16. Crimes and Offenses § 16-13-32.4.
If you are going to have marijuana, cannabis, or other hemp-related products, be sure you fall under Haleigh’s Hope Act as a patient prescribed to take it for legitimate medical needs. If not, have the best criminal lawyer in Georgia by your side by contacting Hanks, Ballard & Barth today. We have expert attorneys ready to assist you with various practice areas. Learn more by visiting our website today, calling us at (770) 267-8988, or emailing email@example.com!