By Pierce Blitch and Will Dasher
Facing a charge for misdemeanor marijuana possession can feel overwhelming, but knowing the facts can help you prepare for what comes next. Here’s what you need to know:
What is Misdemeanor Marijuana Possession?
Under O.C.G.A. §16-13-2(b), possessing less than one ounce of marijuana is classified as a misdemeanor. This carries a potential penalty of up to 12 months in jail and/or a fine of up to $1,000.
What Are the Additional Consequences?
If you were operating a vehicle while under the influence of marijuana, O.C.G.A. § 40-5-75 requires an automatic driver’s license suspension for at least 180 days if that was your first offense within a five year period (measured by arrest dates). For a second offense within five years, the period of suspension increases dramatically up to three years.
“A Joint Leads to Jail and a Suspended License? Seriously?”
It’s natural to feel shocked at these consequences for a small amount of marijuana. Some might even joke about packing their bags for Colorado or other states with looser marijuana laws. But before making drastic decisions, consider this: Georgia offers options to mitigate the impact of a misdemeanor marijuana charge.
Pre-Trial Intervention (PTRI)
In counties like Richmond or Columbia, the Pre-Trial Intervention (PTRI) program may be available. This program is typically assessed on a case-by-case basis and could involve:
· Paying a program fee
· Attending a drug awareness class
· Completing community service
Upon successfully completing PTI, your case is dismissed, and you can apply for record restriction under O.C.G.A. §35-3-37. This essentially wipes the charge from your record.
Conditional Discharge
If PTI isn’t an option, Conditional Discharge might be. Under O.C.G.A. §16-13-2, first-time offenders may avoid a conviction through this program. Here’s how it works:
· The court withholds adjudication and places you on probation.
· Probation may include requirements like a drug/alcohol evaluation or community service.
· Upon completing probation terms, the court discharges you and dismisses the proceedings.
Note that you can only use Conditional Discharge once.
Call an Attorney First
No matter the charge, your first step should be contacting an experienced attorney. At The Blitch Law Firm, we’ve handled countless misdemeanor drug cases. Our team can help secure the best possible outcome for your unique situation.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR CASE
We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. Nearly all the attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.