Georgia Marijuana Laws - Cannabis Legal Status in Georgia
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Incarceration |
Fine |
| Possession | |||
| Less than 1 oz (first offense) | misdemeanor | probation* | none |
| Less than 1 oz (subsequent offense) | misdemeanor | 1 year | $1,000 |
| 1 oz or more | felony | 1 - 10 years | variable |
| Within 1,000 feet of school, or other specifed areas (first offense) | felony | 20 years | $20,000 |
| Within 1,000 feet of school, or other specifed areas (subsequent offense) | felony | 5 years MMS** | $40,000 |
| Use of communication equipment | felony | 1 - 4 years*** | $30,000 |
| *Charge dismissed upon completion of probation. **Mandatory minimum sentence. ***This sentence runs consecutive to other sentences. |
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| Sale or Cultivation or Trafficking | |||
| 10 lbs or less | felony | 1 - 10 years | none |
| 10 to 2,000 lbs | felony | 5 years MMS** | $100,000 |
| 2,000 to 10,000 lbs | felony | 7 years MMS** | $250,000 |
| 10,000 lbs or more | felony | 15 years MMS** | $1,000,000 |
| Use of communication equipment | felony | 1 - 4 years*** | $30,000 |
| Hire, solicit, engage services of a minor | felony | 5 years MMS** | $20,000 |
| **Mandatory minimum sentence. ***This sentence runs consecutive to other sentences. |
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| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | |||
| Any conviction (first offense) causes minimum 6 months driver's license suspension.^ Any conviction (second offense) causes minimum 1 year driver's license suspension. Any conviction (third offense) causes minimum 2 years driver's license suspension. Any conviction may also cause suspension of professional license. |
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| ^Reinstated upon completion of a drug use program. | |||
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Possession of less than one ounce of marijuana is a misdemeanor and can be punished by up to one year in jail and a fine of up to $1,000. However, upon a first drug conviction the offender may be placed on probation, and upon successful completion the proceedings against him may be discharged. Possession of one ounce or more is a felony and is punishable by 1 - 10 years in prison. Any cultivation, manufacture or distribution is a felony, punishable by 1 - 10 years in prison. Any possession, manufacture or distribution of greater than 50 pounds is considered trafficking and all trafficking offenses carry mandatory minimum sentences. For amounts greater than 50 pound but less that 2,000 pounds, the sentence is a minimum of 5 years in prison and a $100,000 fine. For 2,000 pounds to less than 10,000 pounds, the minimum sentence is 7 years in prison and a fine of $250,000. For 10,000 pounds or more, the minimum sentence is 15 years and a $1,000,000 fine. The use of any communication facility, such as a telephone or radio, during any drug felony may add 1 - 4 years to the sentence and a fine of $30,000. Distribution or possession within 1,000 feet of any school, park, playground, recreational center or drug free commercial zone is punishable by up to 20 years in prison and a fine of up to $20,000, for the first conviction. A second conviction is punishable by 5 - 40 years in prison and a fine of up to $40,000. Upon a first conviction of a drug offense, the offender's driver's license is suspended for at least six months and will be reinstated only upon completion of a drug use program. For a second conviction the suspension will be at least one year and for a third conviction the suspension will be at least two years. Professional licenses can also be suspended upon a drug conviction. |
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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.
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.
Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any 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.
Continue reading here: Netherlands Marijuana Laws - Cannabis Legal Status in Netherlands
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