A marijuana charge can be easy to underestimate, especially if you are thinking about how many states have loosened their laws. Georgia has not. Possession can still lead to criminal charges, and the seriousness of the case often comes down to the amount involved and what prosecutors think the marijuana was for.
Savannah does have a local ordinance for possession of one ounce or less, so some cases may be handled differently inside city limits. Even so, marijuana is not legal. Phillips Carson Phillips can help you sort through the charge, the evidence, and the possible penalties before you decide what to do next.
What Georgia Law Says About Marijuana Possession
In Georgia, the charges generally change based on the amount of marijuana found in your possession. In general, having one ounce or less will lead to a misdemeanor with a penalty of $1,000 fine and/or 12 months in jail.
Georgia generally treats possession of one ounce or less as a misdemeanor. Under state law, that can mean up to 12 months in jail, a fine of up to $1,000, or both.
Savannah’s local ordinance creates another way certain small possession cases can be handled. For one ounce or less, the ordinance allows a maximum fine of $150 and does not include jail time.
That can make a big difference, but it does not mean every case involving a small amount automatically stays in municipal court. The actual charge filed against you still controls what penalties you may face.
How the Amount of Marijuana Can Change the Charge
One ounce is the first major cutoff. At or below that amount, simple possession can be charged as a misdemeanor. Go over one ounce, and the case can become a felony, with a possible prison sentence of one to 10 years.
Because of that, the number on the evidence sheet matters. If police say the amount is close to a legal threshold, the actual weight and the way the marijuana was measured should be checked carefully.
Penalties You May Face After a Marijuana Possession Conviction
The possible sentence depends heavily on how the case is charged. A misdemeanor under Georgia law can mean jail, a fine, or both. If the case falls under Savannah’s ordinance instead, the maximum fine is much lower and jail is not part of the punishment.
Some first-time drug defendants may also qualify for conditional discharge. In those cases, the court can hold off on entering a judgment of guilt while you complete probation and other requirements. Finish successfully, and the case may be discharged and dismissed without an adjudication of guilt.
That option is not available in every case. Your record and the specific charge matter.
How Police Searches Can Affect a Marijuana Possession Case
A possession case can fall apart if the search was not lawful. How the police find the marijuana makes a difference in how your lawyer approaches the case.
There is also the separate issue of who possessed the marijuana. If it was found in a shared apartment, vehicle, or room, prosecutors may try to argue that you had constructive possession.
That still requires more than simply showing you were nearby. The state may need to prove you knew the marijuana was there and had control over it.
What Happens If Prosecutors Allege Intent to Distribute Marijuana
A simple possession charge can become much more serious if the state claims you planned to sell or distribute the marijuana.
Georgia generally treats possession with intent to distribute as a felony carrying one to 10 years in prison unless another statute applies. Prosecutors may rely on the amount involved, packaging, cash, scales, messages, or other details they believe point to sales.
Those facts are not automatically proof of intent. A larger amount can still be for personal use. Cash can have a legitimate source. Packaging or a scale may have another explanation.
Phillips Carson Phillips can look at the search, the amount of marijuana, and the evidence prosecutors are using to push the case beyond simple possession. If you are facing a marijuana charge in Savannah, contact Phillips Carson Phillips today by calling (912) 232-0081 for a free consultation and speak with a criminal defense lawyer about the charge and what options you have.