Georgia Marijuana Laws

The possession, sale and 制造 or marijuana are regulated by both state and federal law. Marijuana is classified as a controlled substance in Georgia. (Ga. 代码安. § 16-13-1.) It is also a crime to drive under the influence of marijuana in Georgia.

Penalties for Marijuana Possession, Use, Manufacture, and Sale

It is a crime in Georgia to possess marijuana for personal use, 或者购买, 制造, or sell marijuana (or to possess it with the intent to do any of these things). 不像大多数州, Georgia does not differentiate, for sentencing purposes, between possession for personal use and 制造 or sale (or possession for 制造, 分布, 或出售).

When a violation involves less than 10 pounds, the offender is guilty of a felony punishable by between one to 10 years in prison. (Ga. 代码安. § 16-13-30.) Additional penalties apply if the violation involved a minor younger than 17 years old, or if the offense occurred in a school or other drug-free zone.

Involving minors in marijuana 制造 or sales

It is also illegal to solicit or hire a minor younger than 17 years old to assist in the 制造 or 分布 of marijuana. 这样做是重罪, punishable by between five and 20 years in prison, 罚款高达20美元,000, 或两个. (Ga. 代码安. § 16-13-30.)

无毒区

Violations that take place within 1,一所学校的1000英尺, 公园, 操场上, 娱乐中心, 公共房屋计划, or commercial drug-free zone incur additional penalties, 如下. These penalties are added to the prison time and fines described above. (Ga. 代码安. § 16-13-32.4(a)&(b).)

第一的信念. Violators are guilty of a felony, punishable by up to 20 years in prison, 罚款高达20美元,000, 或两个. (Ga. 代码安. § 16-13-32.4(a)&(b).)

Second and subsequent convictions. Penalties for this felony include a mandatory minimum of five (and up to 40) years in prison, 罚款高达40美元,000, 或两个.

A defendant may avoid the additional punishment for offenses occurring within a drug-free zone if the defendant can show that

  • the conduct took place entirely in a private residence
  • the conduct was not for financial gain, and
  • no person younger than 17 years old was present during the violation. (Ga. 代码安. § 16-13-32.4(g).)

However, the defendant will still face the penalties applicable to the underlying crime.

Trafficking in Marijuana

It is illegal in Georgia to knowingly 制造, sell or bring more than 10 pounds of marijuana into the state. This violation is known as trafficking in marijuana, and is punished according to the amount trafficked.

  • Between ten and 2,000 pounds. Convictions carry a mandatory minimum prison sentence of five (but not more than 30) years, 罚款100美元,000. (Ga. 代码安. § 16-13-31(c)(1).)
  • Between 2,000 and 10,000 pounds. Convictions carry a mandatory minimum prison sentence of seven (but not more than 30) years, 罚款250美元,000. (Ga. 代码安. § 16-13-31(c)(2).)
  • 10,000磅或更多. Convictions carry a mandatory minimum prison sentence of at least 15 (but not more than 30) years, 罚款1美元,000,000. (Ga. 代码安. § 16-13-31(c)(3).)
吸毒用具

It is illegal in Georgia to use, possess or sell drug paraphernalia. Paraphernalia includes all drug-related objects, including those used to plant, 收获, 过程, 商店, 运输, 或者吸食大麻. Penalties vary according to the violation.

Possession of paraphernalia is a misdemeanor, punishable with up to one year in jail, a $1,罚款000, 或两个. (Ga. 代码安. § 16-13-32.2.)

Sale to an adult and advertising that drug paraphernalia is for sale

Selling paraphernalia to someone 18 years old or older, or advertising drug paraphernalia for sale, are both crimes in Georgia. A first conviction is a misdemeanor, punishable with up to one year in jail, 罚款高达1美元,000, 或两个. A second conviction is a misdemeanor of a high and aggravated nature, punishable with up to one year in jail, 罚款高达5美元,000, 或两个. A third or subsequent offense is a felony, punishable with between one and five years in prison, and 罚款高达5美元,000. (Ga. 代码安. § 16-13-32.)

出售给未成年人

Selling or otherwise providing paraphernalia to a minor who is younger than 18 years old is crime in Georgia. A first conviction is a misdemeanor, punishable with up to one year in jail, 罚款高达1美元,000, 或两个. A second or subsequent conviction is a felony, punishable with between one and five years in prison, 罚款1美元,000元及5元,000, 或两个. Defendants face up to eight years in prison, 罚款高达1美元5,000, 或两个. (Ga. 代码安. § 16-13-1(b)&(e).)

It's against the law for a minor or another person to lie about a minor’s age in order to buy drug paraphernalia. A violation is a misdemeanor, punishable with up to one year in jail, 罚款高达1美元,000, 或两个. (Ga. 代码安. § 16-13-1(c).)

This information was gathered from various sources online and is subject to change. If a legal matter is involved, you should refer to the latest laws passed by the Georgia General Assembly.