What to Do If You Are Charged with Possession of Marijuana

Leah Davis Madden • May 1, 2023
Georgia Criminal Defense Attorneys

What to Do If You Are Charged with Possession of Marijuana

(Atlanta, GA)


Marijuana possession charges in Atlanta, GA can either be a misdemeanor or a felony depending on the amount. Possession of one ounce or less of marijuana is a misdemeanor that carries a fine of up to $1000 or a sentence of one year in jail. If your charges involve possession of more than an ounce of marijuana, you face between one and ten years of jail time and a fine of up to $5000.


Since marijuana possession is still illegal under federal law, you risk facing additional consequences. Fortunately, not all charges end with a conviction. Learn how to maneuver around marijuana possession charges in this article so you can protect your rights and lower your chances of fines and jail time.


Understand the Law


Once you are charged with marijuana possession, get familiar with the law and your rights. You can either be charged with actual possession (having marijuana on your person) or constructive possession (knowing what it is, where it is, and having control or access to it). When you know the law surrounding marijuana possession, you are in a better position to understand the gravity of your case and therefore take the appropriate steps to protect your rights.


You also have a right to remain silent, a right to an attorney, and a right to a Miranda warning. A Miranda warning informs you of your right to remain silent so you don't incriminate yourself, and your right to an attorney. It is advisable to not speak to law enforcement in the absence of your lawyer.


Contact an Attorney


When you are facing drug possession charges, it is always vital to contact an attorney before making any decision. Having a lawyer by your side means you get access to legal advice and guidance on what to do, as well as defense services and a better understanding of your rights. Your lawyer can provide you with options on how to handle your case, such as plea bargain diversion programs.


Working with a skilled and knowledgeable lawyer will make your experience more favorable as attorneys understand the law better. Your lawyer also knows how to work around the law to secure your freedom and ensure you get a favorable judgment or dismiss your case altogether. As a rule of thumb, always be honest with your attorney and provide all the necessary information they need to build a strong defense for you.


Don't Miss Your Court Dates


Regardless of your charges, you should always attend all your court dates. Being absent can lead to an arrest warrant for you and add to your charges. As such, you should keep in mind all the court dates and show up on time.


With the above steps, you build a strong foundation for a string defense and increase your chances of walking out with a lenient judgment. If you find yourself being charged with marijuana possession in Atlanta Georgia, don't hesitate to contact Davis Madden & Associates P. C for help.



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



Request a Consultation

Georgia Criminal Law Blog

Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden February 3, 2026
Any run-in with the law can be a daunting experience, especially when the charges are severe, like robbery or armed robbery. Understanding the distinction between these two crimes is crucial when facing such charges. In Georgia, these two offenses are treated uniquely, and the differences will significantly impact the possible punishment and the required defense strategy. Here is a brief yet comprehensive exploration of how Georgia law distinguishes between robbery and armed robbery.
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden January 16, 2026
For many residents of Atlanta, Georgia, and vicinities, getting charged with a crime like Drunk Driving, Sex Crimes, Murder, Assault, or Armed robbery can be daunting. Davis Madden & Associates, P.C. can provide the legal help you need. With us, a Criminal Lawyer in Atlanta will help you navigate the anxieties and uncertainties brought on by such situations.
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden January 2, 2026
As we usher in the New Year, it is crucial for residents of Atlanta, Georgia, to stay in tune with the latest legal changes surrounding criminal offenses such as drunk driving, sex crimes, murder, assault, and armed robbery. At Davis Madden & Associates, P.C. , we manage legal complexities and challenges so you can focus on navigating your life.
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden December 16, 2025
Accidents sometimes happen - a broken window, damaged properties due to an altercation, or even careless actions can sometimes result in unintended damage to someone else's property. However, under Georgia law, even seemingly minor property damage can carry serious penalties and consequences. As an experienced team of Criminal Lawyers in Atlanta, we understand the complexities of such misdemeanor criminal damage cases and the sometimes disproportionate consequences they can bring. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden December 2, 2025
Navigating the legal system can be particularly challenging, especially when faced with vehicular homicide charges in the state of Georgia. As a Criminal Lawyer, Atlanta-based Davis Madden & Associates, P.C. is dedicated to helping you understand these complex legal processes. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden November 17, 2025
You or a loved one is facing a theft charge under $500 in Atlanta. At Davis Madden & Associates, P.C., we understand how unnerving this can be. You might be dealing with uncertainty, worrying about potential penalties, and grappling with the complex maze that is the criminal justice system. Fortunately, our experienced Criminal Lawyers in Atlanta are here to help you navigate this challenging time. 
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden November 3, 2025
In Georgia, being convicted of a felony murder can have severe repercussions. A criminal lawyer in Atlanta, well-versed in Georgia's criminal laws, must handle the complexities of such cases to navigate potential pitfalls and pursue the best possible outcome.
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden October 16, 2025
Understanding the Legalities of Drug Possession
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden October 1, 2025
Understanding Misdemeanor Battery Charges: An Overview
Criminal defense attorney in Atlanta, Georgia
By Leah Davis Madden September 16, 2025
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.