Though a comparatively considerably less harmful drug than some of the many others that share its classification, marijuana possession in Ga however comes with severe sentencing and penalties if convicted.
Not only will you be perhaps subjected to jail time and hefty fines, a conviction can provide unintended penalties with it. This may possibly contain the lack of ability to pursue specified experienced occupations, ineligibility for admissions into distinct graduate courses, as perfectly as losing the eligibility to obtain some forms of governmental support that so several rely on.
Knowing the legislation and course of action about a possession of cannabis demand is the 1st step in maintaining this concern from turning out to be a big very long-phrase problem in your everyday living. Considering the fact that the burden of evidence is on the prosecution to prove guilty outside of a realistic question, a solid defense approach to this difficulty could help you get the fees minimizes, or maybe dismissed.
O.C.G.A §16-13-2 states that possession of considerably less than just one ounce of marijuana is a misdemeanor and can be punishable by up to one particular year in jail and a wonderful of up to $1,000. In selected instances, an unique may possibly be ready to accomplish neighborhood assistance for up to 12 months. Alternatively, an particular person who is a very first time offender may well also be eligible for deferred adjudication or probation under O.C.G.A § 16-13-2(a).
If you were allegedly found with an ounce or far more of cannabis, you will most likely be charged with a felony, which comes with a presumptive sentence of 1 to 10 a long time in jail and / or fines of up to $10,000.
The condition of Ga does differentiate involving distinct “types” of possession. In accordance to Georgia Code, an alleged offender need to have real or constructive possession of marijuana in get to be billed.
• True Possession – normally indicates the cannabis was in the alleged offender’s hand, on their entire body, in their clothing or inside their immediate attain.
• Constructive possession – commonly signifies the alleged offender was capable to acquire management of the cannabis, they experienced intent to get genuine possession of the marijuana, and they had the expertise that the marijuana was in their presence. Due to the fact of all the requirements essential to convict on a constructive basis, this is a considerably tougher cost to prosecute.
Despite the fact that seemingly unconnected to the alleged criminal offense at hand, the state of Georgia also necessitates that if you have been convicted of cannabis possession you will also have your license suspended (O.C.G.A 40-5-75). You will presumptively acquire a driver’s license suspension for 180 times for a very first conviction, a just one yr suspension for a 2nd conviction, and five yrs for all those convicted a third time. No issue what the condition, you are also not able to utilize to receive a limited or hardship driving allow. As for reinstatement of your license, you will have to have to entire a Drug Hazard Reduction method and pay a reinstatement cost of $200.
With the sheer total of negative repercussions that create after a cannabis possession conviction, an productive defensive method is crucial in keeping away from these really punitive and panic inducing penalties. If you pick to get the job done with a Georgia legal defense legal professional, this perform is finest done as quickly as probable. This enables your lawyer to perform any vital impartial investigation, seek the advice of witnesses and experts, or assemble time-sensitive details.