marijuana possession under an ounce in Georgia

UPDATED: Jul 5, 2009

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marijuana possession under an ounce in Georgia

A 22 yr old mother of 3, all under age 5, was arrested July 4 for possession under an ounce, she has no priors in her adult age but the drugs were found in the home where the children also lives…what punishment is she facing according to Georgia law.

Asked on July 5, 2009 under Criminal Law, Georgia


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

For possession of under one ounce, first offense, it will be a misdemeanor marijuana possession. She can possibly get a conditional discharge, or diversion. What this means is the judge will order her to carry out a probation term. If this term is completed successfully, the marijuana charge will be dropped and not reflected on her record.  However, if she violates the probation, her case will be sent to trial and she will potentially face the maximum sentence for a first time offender which is 1 year in prison and a $1000 fine.


If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. 

Regarding having the MJ in the house with 3 young children, it is possible that the court will refer the case to Child Protective Services.  They could do anything from home visitations to make sure everything is ok at the home, to taking the children away.

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