Georgia Criminal Defense: Low THC Oils
Possession of Low THC Oils is a relatively new statute that decriminalizes the possession so long as you have a Georgia government issued medical card. It also provides an alternative to Possession of a Schedule 1 substance, which requires mandatory imprisonment for at least one year and a felony conviction even for less than a milliliter of a liquid substance.
Choosing a criminal defense attorney who is familiar with this statute and knows how to navigate through it could be the difference between you spending the next 12 months in prison or spending the next 12 months living your life.
Punishments
The punishment for illegal interactions with THC oil depends on the amount of THC oil in question, and whether you were manufacturing/selling it or just were in possession of it. Illegal possession of less than 20 fluid ounces of THC oil will always be prosecuted as a misdemeanor, with a fine not to exceed $1,000. Illegal possession of more than 20 fluid ounces of THC oil is given the same punishment as the selling, manufacturing, or intent to distribute THC oil which is a felony conviction with a mandatory 1-10 year prison sentence and/or a fine not to exceed $50,000. Any interaction (including possession) with more than 160 fluid ounces of THC oil is convicted of Trafficking in Low THC Oil and requires both imprisonment and a fine, which scales with the amount of THC oil in question as shown below:
160-31,000 Fluid Ounces: 5-10 years in prison and a fine not to exceed $100,000
31,000-154,000 Fluid Ounces: 7-15 years in prison and a fine not to exceed $250,000
154,000 Fluid Ounces or more: 10-20 years in prison and a fine not to exceed $1,000,000
The full text of the statute governing punishment for Low THC Oil charges is found under O.C.G.A. § 16-12-191(a)(2), O.C.G.A. § 16-12-191(b)(2), and O.C.G.A. § 16-12-191(a)(c)-(d).
Exceptions: Registration Cards and Clinical Studies
The exceptions to this statute which allow possession of THC oil are when you have been given a registration card by the Department of Health or when you are participating in a clinical study. If you have a registration card, the THC oil must be in a pharmaceutical container labeled by the manufacturer indicating the percentage of THC therein. You are only eligible for a registration card through Georgia after you have resided in this state for at least one year, and a registration card issued by another state that allows the same possession of low THC oil as provided by Georgia’s law is only honored until you have been present in Georgia for 45 days or more.
These regulations are found under O.C.G.A. § 16-12-191(a)(1)(A)-(B).
Criminal Defenses
Incorrect Weight. These charges hinge on the weight of the oil seized. Police have provided incorrect weight to the court a surprising number of times. One way this frequently happens is when the police include the weight of any packaging. Other times, the weight is just wrong or possibly rounded up. Through challenging the weight of the substance and demanding accountability, Bixon Law has gotten countless drug charges dismissed.
It Shouldn’t Be Considered THC. Under the definition statute, O.C.G.A. § 16-12-190, Low THC Oil must have more than 5% purity to fit the crime. Also, Georgia often will not perform chemical testing on the substance, rendering the prosecutor unable to prove that the oil seized constitutes as an illegal substance. Simply asking the prosecutor to prove that there was 5% THC can be fatal to the prosecutor’s case.
The full text of the statute governing punishment for O.C.G.A. § 16-12-190 reads: “Low THC oil” means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis.
CONTACT BIXON LAW TODAY
If you have been charged with a possession of THC oil or similar drug crime and need the best local criminal defense attorney, give Bixon Law a call today to speak to one of our experienced Georgia criminal defense lawyers. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at (404) 551-5684 for a free consultation on your case today.