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The Magic Lawyer®


​​A person accused of possession of marijuana is facing a misdemeanor if the amount is one ounce or less, and a felony if the amount is more than an ounce.

O.C.G.A. § 16-13-2 (b) states: "Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months."

In some cases, a person can be charged with possession with intent to distribute, which is a felony in Georgia.

Depending on the facts of the case in question, a person can still be charged with a felony even if the amount of marijuana was less than an ounce. If there any other factors that indicate possession of the marijuana with intent to distribute, then a prosecutor may treat the case as a felony. For felony drug possession cases, see our Drug Defense page.

In any case, if a person is convicted of possession of any amount of marijuana, they will have it on their record the rest of their lives.

There are several defenses to a possession of marijuana charge, such as, the "equal access rule," problems with the testing of the evidence, and other factors. Many people don't know it, but the Georgia Bureau of Investigation ("GBI") doesn't routinely test for marijuana under an ounce -- those cases are tested by the local police agency by someone who has had very minimal training. In fact, the people at the local police agency who test the marijuana are supposed be be well trained at the Georgia Bureau of Investigate and keep up on their training - but some do not. All marijuana testers must take and complete a Certified Marijuana Examiner Course at the Georgia Bureau of Investigation (GBI). The examiner's certification is good for four years. The marijuana examiner must follow strict procedures when testing marijuana, and sometimes they don't follow these procedures.  This is one way that Attorney Robert Speer attacks a marijuana possession case.

In many cases, Attorney Robert Speer, The Magic Lawyer® has gotten marijuana cases DISMISSED and his client's record cleared. Mr. Speer and his staff are waiting to help you with your legal problems and can offer you reliable & affordable solutions.

Punishment for possession of one ounce or less of marijuana is a fine up to $1,000.00 and a jail sentence up to one year. There can be other fallout from a marijuana possession conviction as well - such as job loss, and the denial of student financial aid or grants to college students.

Don't just plead guilty to possession of marijuana. You may have several defenses to this charge. Through a thorough and sifting investigation of your case, and aggressive defense strategies, Attorney Robert Speer may be able to get your charges DISMISSED and keep this off your record.