As our country slowly moves towards decriminalizing marijuana, it is easy to fall into the trap of believing that the law currently does not take marijuana-related charges seriously. In Georgia, marijuana is still very much illegal, and you can be prosecuted for trafficking marijuana even if you live in a state in which it has been legalized.
With a deep understanding of the intricacies of drug law in Georgia, Bixon Law Firm is committed to advocating for individuals caught in the legal complexities surrounding marijuana-related offenses. We recognize that despite shifting attitudes towards marijuana legalization in other states, Georgia’s laws remain stringent, and trafficking charges can carry severe consequences. Bixon Law Firm works tirelessly to navigate the legal system on behalf of our clients, offering expert guidance and unwavering support to ensure fair treatment and the best possible outcome for those entangled in marijuana trafficking cases.
Georgia takes a very hardline approach to prosecuting drug charges. The criteria for a Marijuana Trafficking charge are strikingly broad, and the punishment for trafficking marijuana is more severe than even voluntary manslaughter.
Read our page regarding cocaine trafficking here.
Under Georgia law O.C.G.A. §16-13-31(c), a person commits the offense of Trafficking in Marijuana when he or she sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding ten pounds. Marijuana thresholds are one part of Georgia’s broader drug trafficking statute, which we cover on our drug trafficking defense page.
There is very little difference between a trafficking charge and the lesser charge of O.C.G.A §16-13-30(j) “Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana”, which states that “it shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.” These are essentially all the same criteria as the Trafficking charge, with the only difference being the weight threshold. Once that ten-pound threshold has been exceeded, the trafficking charge can be applied.
The important thing to understand is that while conventional wisdom would indicate that you must participate in the sale or business side of trafficking marijuana to meet the charge’s criteria, in Georgia possession alone of marijuana in excess of ten pounds will put you in jeopardy of this charge. The court does not have to prove intent to sell or even knowledge of the weight of the marijuana to convict you of this upgraded felony.
The weight of these potential legal implications proves the need for comprehensive legal representation from Bixon Law Firm. Our commitment extends beyond legal expertise, we offer compassion and support to navigate the complexities of the legal system, always striving for the best possible outcome for our clients.