It is important to know that trace amounts of marijuana can result in an arrest for possession, even in the smallest of amounts. Criminal Defense attorney, John Breakfield, explains.
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Amount: If law enforcement officers can find and test marijuana they locate, then you can potentially be charged with possession of marijuana. The possession of marijuana must be a knowing possession.
Drug-Smoking Device: If law enforcement officers find a device used for smoking marijuana, or another drug, they can scrape out the trace amounts and potentially charge you with possession of the drug and they will base that charge on the residue left in the device. One very common myth or misconception among people, is thinking that law enforcement must find enough of a drug that would be considered enough to get “high” before they can charge you with possession. That simply is not true. There is no requirement under Georgia Law that states that there must be a certain “amount” found before they can charge you with possession.
Lab Technician: If a lab technician is used to identify the trace amounts of marijuana or other drug, that lab technician would have to come to court and testify that the substance was actually the illegal substance you were charged with possessing.
Prosecution: In addition to having the lab technician testify the prosecution has to prove the possession of the marijuana or other illegal substance was a knowing possession.
In Georgia, the main distinction between a felony and misdemeanor offense is weight. If the amount of marijuana is less than an ounce, then the charge will likely be misdemeanor possession. If the weight of marijuana is an ounce or greater, then the charge will likely be a felony.
Georgia Marijuana Laws still make marijuana possession a crime. Even a misdemeanor can suspend a license and result in a criminal history. It is important for an attorney to review the facts and either seek alternative sentencing or fight the charges in court. At A. Bishop Law, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and marijuana possession laws. Please Call or Email us with any questions, your initial consultation is free and confidential.
About the attorney: Anne Bishop is a Georgia Lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.