How Georgia Handles Possession of Less Than an Ounce of Marijuana

Leah Davis Madden • September 16, 2025
Leah Davis Madden explains how Georgia handles possession of less than an ounce of marijuana.

The laws pertaining to marijuana possession vary from state to state, and being unaware of the specific laws in Georgia could lead to significant legal trouble. This article serves as a guideline to the current laws and penalties related to less than an ounce of marijuana possession in Georgia, and the crucial role a Criminal Lawyer in Atlanta can play in your defense. The information is intended to be clear, factual, and supportive to those facing possible criminal charges.



Georgia’s Marijuana Laws and Penalties

Many states across the USA have relaxed their marijuana laws, but in Georgia, it remains an illegal controlled substance with the exception of specific medical use. Possession of less than an ounce (28 grams) of marijuana is considered a misdemeanor in Georgia, and it carries penalties of up to one year in jail or a fine of up to $1000, or both. (source)



Possession vs. Intent to Distribute

In Georgia, the law distinguishes between possession for personal use and possession with the intent to distribute. The latter incurs more severe penalties, particularly if the quantity of marijuana exceeds one ounce.



Hiring an Expert Criminal Lawyer

In case you or a loved one has been charged under these categories, it is beneficial to hire a criminal defense lawyer who specializes in Georgia's drug laws. A Criminal Lawyer understands intricate legalities like probable cause, illegal searches, seizures, and the plausibility of plea bargains.



First Offender Act

First-time offenders in Georgia might have a chance to keep their record clean through the Georgia First Offender Act, but the judge's discretion and the specifics of the case heavily impact this opportunity. It also depends on the legal representation and their ability to negotiate such terms. Therefore, the role of a well-versed criminal lawyer comes into play. (source)


Medical Marijuana in Georgia

In 2015, Georgia legalized the medical use of cannabis oil up to 5% THC for the treatment of a range of serious medical conditions. However, it is crucial to understand that cultivating, buying, or selling marijuana, as well as possessing cannabis that is not in oil form, is illegal in Georgia. (source).


Final Thoughts

While the landscape of marijuana laws is changing across the country, the specific laws in Georgia remain conservative. Even for small possessions, the penalties can be severe and impact your future. It is crucial to have a competent Criminal Lawyer, Atlanta-based, especially one familiar with drug-related cases. With professional help and expert representation, you can ensure that you stand the best chance possible in any proceedings.




Each case is unique and holds its own complexities. Davis Madden & Associates, P.C., stands ready to help you navigate through these confusing and intimidating procedures. Being charged with a crime is often a distressing experience, but we believe that an aware and educated client is an empowered one.


The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.

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