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Georgia Marijuana Laws

Ever-changing marijuana laws seems to be all over the news lately. Between legalization, decriminalization, and medical marijuana, it can be difficult to keep track of which laws apply where. The Peach State has made it pretty easy so far – no pot, under any circumstances. But considering Georgia’s recent medical marijuana study and State Representative Paul Broun co-sponsoring a national medical marijuana bill, that could be changing. Here’s a look at the current state of Georgia marijuana laws.

Marijuana Under Georgia Law

The possession, sale, trafficking, and cultivation of marijuana is illegal in all states except Colorado and Washington (where it is tightly regulated by those states), while other states allow the medicinal use of cannabis. Georgia marijuana laws are relatively strict, but many counties in the state offer alternative sentencing programs for offenders, which offer treatment in lieu of jail time. Possession of more than 1 ounce of marijuana is a felony in Georgia, punishable by one to 10 years in prison.

Georgia Marijuana Statutes

The following chart highlights the main provisions of Georgia marijuana laws.

Code Section

16-13-30, et seq.


1 oz or less: misdemeanor, 1 yr. or $1,000 fine; more than 1 oz (but less than 10 lbs.): felony, 1-10 yrs.; over 10 lbs. is considered trafficking

Sale or Trafficking

Felony. 10 lbs or less: 1-10 yrs; 10-2000 lbs.: 5 yrs. and mandatory $100,000; 2000-10,000 lbs.: 7 yrs. and mandatory $250,000; Over 10,000 lbs.: 15 yrs. and mandatory $1,000,000

Despite what another state’s marijuana laws says, marijuana possession and sale remains illegal under a federal law known as the Controlled Substance Act. Federal law always trumps if there is a conflict between state and federal law. While federal law enforcement agencies have not interfered with most states’ handling of certain marijuana cases, the federal government still has the authority to enforce restrictions on everything from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of marijuana.

Georgia Marijuana Laws: Related Resources

Every state handles drug laws differently and enforcement of a drug case can vary depending on your specific circumstances. You can access more general information in FindLaw’s drug charges section, or, if you would like legal assistance with a current drug case, you can schedule a consultation with a drug crime attorney in Georgia. Additionally, Georgia’s Department of Behavioral Health and Developmental Disabilities can provide drug treatment services if you need help with a substance abuse problem.

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