- Conditional Release
- Drugged Driving
- Local Decriminalization
- Low THC
- Mandatory Minimum Sentence
- Tax Stamps
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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Personal Use |
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| 1 oz or less | Misdemeanor | 1 year | $ 1,000 |
| More than 1 oz | Felony | 1* - 10 years | $ 5,000 |
With intent to distribute |
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| 10 lbs or less | Felony | 1* - 10 years | $ 5,000 |
| 10 - 2000 lbs | Felony | 5* - 30 years | $ 100,000 |
| 2000 - 10,000 lbs | Felony | 7* - 30 years | $ 250,000 |
| More than 10,000 lbs | Felony | 15* - 30 years | $ 1,000,000 |
| Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone | Felony | 5* - 40 years | $ 40,000 |
| *Mandatory Minimum Sentence | |||
Sale or Delivery |
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| 10 lbs or less | Felony | 1* - 10 years | $ 5,000 |
| 10 - 2000 lbs | Felony | 5* - 30 years | $ 100,000 |
| 2000 - 10,000 lbs | Felony | 7* - 30 years | $ 250,000 |
| More than 10,000 lbs | Felony | 15* - 30 years | $ 1,000,000 |
| Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone | Felony | 5* - 40 years | $ 40,000 |
| *Mandatory Minimum Sentence | |||
Cultivation |
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| 10 lbs or less | Felony | 1* - 10 years | $ 5,000 |
| 10 - 2000 lbs | Felony | 5* - 30 years | $ 100,000 |
| 2000 - 10,000 lbs | Felony | 7* - 30 years | $ 250,000 |
| More than 10,000 lbs | Felony | 15* - 30 years | $ 1,000,000 |
| Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone | Felony | 5* - 40 years | $ 40,000 |
| *Mandatory Minimum Sentence | |||
Hash & Concentrates |
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| Possession of less than 1 g (solid substance) or less than 1 ml (liquid substance) | Felony | 1* - 3 years | $ 5,000 |
| Possession of 1 g – less than 4 g (solid substance) or 1 ml - less than 4 ml (liquid substance) | Felony | 1* - 8 years | $ 5,000 |
| Possession of 4 g - less than 28 g (solid substance) or 4 ml - less than 28 ml (liquid substance) | Felony | 1* - 15 years | $ 5,000 |
| Manufacturing, distributing, selling, or possessing with the intent to distribute | Felony | 5* - 40 years | $ 5,000 |
| *Mandatory Minimum Sentence | |||
| Subsequent offenses carry stricter penalties. | |||
Paraphernalia |
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| Possession or sale of paraphernalia | misdemeanor | 1 year | $ 1,000 |
| Second and third offenses carry additional penalties and fines. | |||
Forfeiture |
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| Vehicles and other property may be seized. | |||
Engaging Minors |
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| Hire, solicit, engage, or use an individual under 17 years for manufacturing, distributing, or dispensing marijuana, on behalf of the solicitor. | Felony | 5* - 20 years | $ 20,000 |
| *Mandatory Minimum Sentence | |||
Penalty Details
Possession for Personal Use
Possession of one ounce or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment.
Possession with Intent to Distribute
Possession with intent to distribute 10 pounds or less of marijuana is a felony punishable by a minimum of one and maximum of 10 years imprisonment. Possession of over 10 pounds but less than 2,000 pounds is punishable by a minimum of five years and maximum of 30 years imprisonment and a fine of $100,000. Possession of 2,000 pounds or more but less than 10,000 pounds is punishable by a minimum of seven years and maximum of 30 years imprisonment and a fine of $250,000. Possession of 10,000 pounds or more is punishable by a minimum of 15 years and maximum of 30 years imprisonment and a fine of $1,000,000.
Possession with intent to distribute within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone is a felony punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of 5 years and maximum of 40 years imprisonment and/or a fine up to $40,000. It is an affirmative defense that the conduct took place entirely within a private residence, no one 17 years old or younger was present, and the conduct was not committed for financial gain.
- O.C.G.A. § 16-13-2(b)
- O.C.G.A. § 16-13-30(j)
- O.C.G.A. § 16-13-31(c), (h)
- O.C.G.A. § 16-13-32.4-32.6
Sale/Delivery
Sale or delivery of 10 pounds or less of marijuana is a felony punishable by a minimum of one and maximum of 10 years imprisonment. Sale or delivery of over 10 pounds but less than 2,000 pounds is punishable by a minimum of five years and maximum of 30 years imprisonment and a fine of $100,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is punishable by a minimum of seven years and maximum of 30 years imprisonment and a fine of $250,000. Sale or delivery of 10,000 pounds or more is punishable by a minimum of 15 years and maximum of 30 years imprisonment and a fine of $1,000,000.
Sale or delivery within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone is a felony punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of 5 years and maximum of 40 years imprisonment and/or a fine up to $40,000. It is an affirmative defense that the conduct took place entirely within a private residence, no one 17 years old or younger was present, and the conduct was not committed for financial gain.
- O.C.G.A. § 16-13-30(j)
- O.C.G.A. § 16-13-31(c), (h)
- O.C.G.A. § 16-13-32.4-32.6
Cultivation
Cultivation of 10 pounds or less of marijuana is a felony punishable by a minimum of one and maximum of 10 years imprisonment. Cultivation of over 10 pounds but less than 2,000 pounds is punishable by a minimum of five years and maximum of 30 years imprisonment and a fine of $100,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is punishable by a minimum of seven years and maximum of 30 years imprisonment and a fine of $250,000. Cultivation of 10,000 pounds or more is punishable by a minimum of 15 years and maximum of 30 years imprisonment and a fine of $1,000,000.
Cultivation within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone is a felony punishable by up to 20 years imprisonment and/or a fine up to $20,000 for a first offense. A second or subsequent offense is punishable by a minimum of five years and maximum of 40 years imprisonment and/or a fine up to $40,000. It is an affirmative defense that the conduct took place entirely within a private residence, no one 17 years old or younger was present, and the conduct was not committed for financial gain.
- O.C.G.A. § 16-13-30(j)
- O.C.G.A. § 16-13-31(c), (h)
- O.C.G.A. § 16-13-32.4-32.6
Hash & Concentrates
Possessing less than one gram of a solid substance, less than one milliliter of a liquid substance or placed onto a secondary medium with a combined weight of less than one gram is a felony, punishable by imprisonment of not less than one year nor more than three years. Possessing one gram but less than four grams of a solid substance, one milliliter but less than four milliliters of a liquid substance or if placed onto a secondary medium with a combined weight of one gram but less than four grams is a felony, punishable by imprisonment of not less than one year nor more than eight years. Possessing four grams but less than 28 grams of a solid substance, four milliliters but less than 28 milliliters of a liquid substance, or if placed onto a secondary medium with a combined weight of four grams but less than 28 grams is a felony punishable by imprisonment of not less than one year nor more than 15 years.
Manufacturing, distributing, selling, or possessing hashish or concentrates with the intent to distribute is a felony, which is punishable by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, the violator shall be imprisoned for not less than 10 years nor more than 40 years or life imprisonment.
Manufacturing, distributing, or possessing with intent to deliver hashish or concentrates within 1,000 ft. of a school, housing project, public park, or commercial drug-free zone is a felony, punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both. Subsequent offenses bring enhanced penalties.
- O.C.G.A. § 16-13-30(c)(d)
Paraphernalia
Possession of paraphernalia is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000.
- O.C.G.A. § 16-13-32.2
Forfeiture
Vehicles and other property may be seized for controlled substance violations.
- O.C.G.A. § 16-13-49
Engaging Minors
Hire, solicit, engage, or use an individual under 17 years for manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana is a felony punishable by a minimum of five years and maximum of 20 years imprisonment and/or a fine up to $20,000.
- O.C.G.A. § 16-13-30(k)
More Information
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.