As criminal defense attorneys in Atlanta GA we handle a lot of drug cases. These can range from misdemeanor marijuana possession cases to felony drug possession such as cocaine, meth, or prescription pills. A conviction to a posession case carries life changing consequences if handled improperly
A conviction to a marijuana case by itself may not seem like a serious event in today's society. But Georgia has archaic laws that are slow to adopt to reflect the social acceptance of marijuana. For instance, jail time is a possiblity in some instances.
Marijuana Possession Drug Cases
Georgia's marijuana laws are in flux as the legislature slowly modernizes this area of law to match society's acceptance of marijuana.
The new hemp laws make it legal to possess hemp, a product that looks similar to marijuana. The state must prove that you were in possession of marijuana that contained THC rather than hemp by a lab test done in a state labatory.
Because authorities would rather spend lab resources on more serious drug cases it has become difficult for prosecutors to prove marijuana cases. In some jurisdictions around Atlanta they have stopped prosecuting these cases.
This does not mean marijuana is legal, rather that local authorities have decided to de-emphasize enforcement.
Felony Drug Possession Cases
Felony drug cases include almost every other type of illegal drug including cocaine, heroin, meth, prescription pills without a prescription, and marijuana possession over one ounce.
These cases should always be handled with the assistance of a criminal defense attorney as the consequences of being convicted of a felony are life altering.
A criminal defense attorney will look for defenses that you may not be aware like improper searches by the police or other issues for a motion to suppress the evidence.
If no such issues exist in your case, we can negotiate a reduction to a misdemeanor or help you properly use a first offender plea. In most first time drug possession cases, we can almost always avoid jail time.