Offense Penalty Incarceration Max. Fine Possession Personal Use 1 oz or less Misdemeanor 1 year $ 1,000 More than 1 oz Felony 1* - 10 years $ 5,000 With intent to distribute 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 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 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 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 Felony 1* - 15 years $ 5,000 Manufacturing, distributing, selling, or possessing with the intent to distribute Felony 5* - 30 years $ 5,000 *Mandatory Minimum Sentence Subsequent offenses carry stricter penalties. Paraphernalia Possession or sale of paraphernalia misdemeanor 1 year $ 1,000 Second and third offenses carry additional penalties and fines. Forfeiture Vehicles and other property may be seized. Miscellaneous Abandoning marijuana in a public place Misdemeanor 1 year $ 1,000 Involving a minor Felony 5 - 20 years $ 20,000 Distribution of marijuana flavored product Misdemeanor N/A $ 500 Use of any communications facility Felony 1 - 4 years $ 30,000 Any conviction of a marijuana possession, sale, or cultivation offense results in suspension of driving license.

Penalty Details

Marijuana is not a scheduled substance, but is regulated under the Georgia Controlled Substances Act.

When a person is found guilty of a felony punishable by imprisonment for a maximum term of ten years or less, the judge may, impose punishment as for a misdemeanor. A misdemeanor is punishable by a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, not to exceed 12 months, or both. A person convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00

Ga. Code Ann. §§ 16-13-25 – 30 Web Search

O.C.G.A. § 17-10-3, 4, & 5 Web Search

Possession for Personal Use

Possession of 1 ounce or less of marijuana is a misdemeanor punishable by up to 12 months 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 1 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 1 and maximum of 10 years imprisonment. Possession of over 10 pounds but less than 2,000 pounds is punishable by a minimum of 5 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 7 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.

Sale/Delivery

Sale or delivery of 10 pounds or less of marijuana is a felony punishable by a minimum of 1 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 5 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 7 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.

Cultivation

Cultivation of 10 pounds or less of marijuana is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Cultivation of over 10 pounds but less than 2,000 pounds is punishable by a minimum of 5 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 7 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 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. §§ 16-13-32.4 to 32.6 Web Search

Hash & Concentrates

In Georgia, hashish and concentrates that contain more than 15% THC by volume are a Schedule I substance and are punished more harshly than natural-form marijuana.

Possessing less than 1 gram of a solid substance, less than 1 milliliter of a liquid substance or placed onto a secondary medium with a combined weight of less than 1 gram is a felony, punishable by imprisonment of not less than 1 year nor more than 3 years. Possessing 1 gram but less than 4 grams of a solid substance, 1 milliliter but less than 4 milliliters of a liquid substance or if placed onto a secondary medium with a combined weight of 1 gram but less than 4 grams is a felony, punishable by imprisonment of not less than 1 year nor more than 8 years. Possessing 4 grams but less than 28 grams of a solid substance, 4 milliliters but less than 28 milliliters of a liquid substance, or if placed onto a secondary medium with a combined weight of 4 grams but less than 28 grams is a felony punishable by imprisonment of not less than 1 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 5 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.

Possession of paraphernalia with the intent to use said paraphernalia to ingest or produce hashish or concentrates is a misdemeanor, punishable by a maximum sentence of 1 year and prison and a maximum fine of $1,000.

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.

Paraphernalia

Possession of paraphernalia is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. Sale or possession with intent to distribute is a misdemeanor for the first offense punishable by up to 1 year imprisonment and/or a fine up to $1,000, a misdemeanor of a high and aggravated nature for a second offense punishable by up to 1 year imprisonment and/or a fine up to $5,000, and a felony for a third offense punishable by a minimum of 1 year and a maximum of 5 years imprisonment and a fine up to $5,000.

O.C.G.A. §§ 16-13-32 to 32.2 Web Search

O.C.G.A. §§ 17-10-3 to 4 Web Search

Sentencing

A person who has not previously been convicted of a drug charge in any US territory may, after being convicted of or pleading guilty to a marijuana possession charge, have the proceedings against them deferred and be put on probation for up to 5 years. The probation may include mandatory drug treatment for up to 3 years. Successful completion of the terms of probation will result in result in a dismissal of the proceedings against the person.

When a person is found guilty of a felony punishable by imprisonment for a maximum term of 10 years or less, the judge may, in his discretion, sentence that person as if it were a misdemeanor.

Repeat felony offenses are to be sentenced by the maximum term allowed for by the felony committed.

Forfeiture

Vehicles and other property may be seized for controlled substance violations. The seizing agency has 60 days after the seizure to initiate a forfeiture proceeding. The seizing agency must notify all those with an interest in the property. If the property value is $25,000 or less, then a person with an interest in the property has 30 days to make a claim to it, to which the district attorney has 30 days to respond.

Miscellaneous

Abandoning dangerous drugs

Anyone who abandons a controlled substance, including marijuana, in a public place is guilty of a misdemeanor punishable by up to 12 months imprisonment and/or a fine up to $1,000.

Involvement of a minor in a marijuana offense

Involving a minor in the sale or cultivation of marijuana is a felony punishable by a minimum of 5 years and maximum of 20 years imprisonment and/or a fine up to $20,000.

Distribution of marijuana flavored product

The sale or delivery of a marijuana flavored product to a minor is a misdemeanor punishable by a $500 fine for each offense.

Use of communications facility in a controlled substances felony

Use of any communications facility, including a computer, a telephone, or mail, in the commission or facilitation of a drug offense that is considered a felony is punishable by a minimum of 1 year and maximum of 4 years and/or a fine up to $30,000.

Suspension of driver’s license

Any conviction of a marijuana possession, sale, or cultivation offense results in suspension of that individual’s driving license. For a first offense in 5 years, the period of suspension is at least 180 days and the restoration fee is up to $210, or $200 when reinstatement is processed by mail. A second offense in 5 years results in a suspension for at least 3 years, but after 1 year the individual may apply for reinstatement for a fee up to $310, or $300 when reinstatement is processed by mail. A third or subsequent offense in 5 years results in a suspension for at least 5 years, but after 2 years the individual may apply for reinstatement a 3 year driving permit if certain conditions are met and they pay a fee up to $410, or $400 when reinstatement is processed by mail.

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