MISDEMEANOR POSSESSION OF MARIJUANA—INTRODUCTION
POSSESSION OF LESS THAN ONE (1) OUNCE OF MARIJUANA
Possessing less than one (1) ounce of marijuana is a misdemeanor in Georgia. As is generally the case with misdemeanors in Georgia, if you are charged with misdemeanor possession of marijuana, you will be subject to imprisonment of up to 12 months in jail and a $1,000 fine. Most of our clients are concerned about the potential jail and fines that may be imposed upon them as a result of their misdemeanor marijuana charge, but they are more concerned about the potential driver’s license suspension, which may result from a conviction. Potential license suspension penalties apply even if your charge of misdemeanor possession of marijuana does not arise from the use or operation of an automobile. The table below outlines the driver’s license penalties that will result from a misdemeanor marijuana conviction:
| CONVICTION | PLEA OF NOLO CONTENDERE | LICENSE SUSPENSION | LIMITED PERMIT | REINSTATE- |
| 1ST conviction in 5 years | Yes, this plea is available | If a nolo contendere plea is not accepted by the Court, a 180 day suspension will occur. | NO | Completion of DUI Alcohol or Drug Risk Reduction Program and pay a reinstatement fee of $200 (through the mail) |
| 2nd conviction in 5 years |
The Department of Driver Services has indicated that it WILL NOT accept a nolo contendere plea to save a license from suspension for this offense. |
1-YEAR SUSPENSION |
NO |
Completion of DUI Alcohol or Drug Risk Reduction Program and pay a reinstatement fee of $200 (through the mail) |
| 3rd conviction in 5 years | The Department of Driver Services has indicated that it WILL NOT accept a nolo contendere plea to save a license from suspension for this offense. |
5-YEAR SUSPENSION |
YES, BUT ONLY AFTER TWO (2) YEARS OF A “HARD SUSPENSION” AND THE DEFENDANT COMPLETES A DRUG TREATMENT PROGRAM LICENSED BY DDS AND THE DEFENDANT MEETS ALL OTHER DDS REQUIREMENTS |
Completion of DUI Alcohol or Drug Risk Reduction Program and pay a reinstatement fee of $200 (through the mail) |
Be very careful: The common opinion among members of the public is that a person’s first offense of misdemeanor possession of marijuana will not be punished “harshly.” Experienced attorneys will tell you that there are courts throughout Georgia that will impose a draconian sentence, even for a first offense.
If you are charged with misdemeanor possession marijuana, you are probably well aware that the circumstances in which an officer “discovers” marijuana usually involve extensive questioning unrelated to the original purpose of the stop or detention and the “discovery” is usually after you have been held by the officer for a prolonged period of time. These issues, in addition to multiple others, may be used by an experienced attorney to suppress the evidence in your case and possibly attain a dismissal of your charges. Before any plea is recommended to you, Attorneys Sean McIlhinney and Ben Sessions will thoroughly investigate the State’s evidence to determine whether the State can prove its case and actually produce admissible evidence against you. If it appears that the State will be able to prove its case against you, there are plea options available that will save your driver’s license.
Click here to learn more about possible pleas that can save your license and, in some cases, help you avoid large fines and potential jail sentences.
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