By: Law Partner Cory Yager, Former Police Officer and Award-Winning Atlanta Criminal Defense Attorney | Serving Metro Atlanta & All Georgia Counties
No. Recreational marijuana is still illegal under Georgia law in 2025. Marijuana remains a controlled substance, and possession, use, sale, and cultivation are criminal offenses except for very limited medical cannabis exceptions.
Possession of more than one ounce of marijuana is a felony in Georgia, punishable by 1 to 10 years in state prison. Even possession of less than one ounce is a criminal offense that can lead to jail time, fines, a driver’s license suspension, and a permanent criminal record.
Although some cities (including Atlanta) have passed local ordinances reducing penalties for small amounts of marijuana, these ordinances do not change Georgia state law. State law still governs most arrests and prosecutions, and felony-level marijuana offenses are aggressively prosecuted statewide.
If you are charged with marijuana possession, trafficking, or a marijuana DUI charge, you are facing consequences that can follow you for life. Early intervention by an experienced Georgia marijuana defense attorney is critical.
Georgia law strictly distinguishes between possession of less than one ounce and possession of one ounce or more of marijuana. That threshold determines whether you face a misdemeanor or felony.
Possession of one ounce or less of marijuana is charged as a misdemeanor under O.C.G.A. § 16-13-30(j). While this is the lowest-level marijuana offense in Georgia, a conviction can still be life-changing.
Potential penalties for misdemeanor marijuana possession include:
Even a “simple” first-time marijuana possession conviction can derail a college student’s scholarships, trigger disciplinary actions, or cause professionals to face license issues or employment problems.
Important: Georgia prosecutors may charge possession of less than one ounce as felony possession with intent to distribute if there is evidence you planned to sell or distribute the marijuana. Circumstantial evidence of intent to sell can include:
An experienced criminal defense lawyer can often challenge whether the evidence truly shows intent to distribute.
Possession of more than one ounce of marijuana in Georgia is a felony offense. The penalties increase sharply once you cross the one-ounce threshold.
Felony marijuana possession penalties can include:
In some cases, an experienced Georgia marijuana defense attorney can negotiate to:
Georgia law imposes significantly harsher penalties for marijuana offenses that occur in designated drug-free zones, including areas where children congregate.
You face enhanced penalties if the offense occurs within 1,000 feet of:
Enhanced penalty range may include:
There is a narrow affirmative defense to such charges if all each the following are true:
Because prosecutors pursue these enhanced charges aggressively, it is critical to have a lawyer defending you who understands how to contest the application of drug-free zone statutes and raise all available defenses.
Beyond simple possession, Georgia law imposes severe penalties for distribution, possession with intent to distribute, and trafficking in marijuana.
Even relatively small amounts of marijuana can lead to a possession with intent to distribute charge if the State claims you intended to sell or give it away. Prosecutors may rely on:
These charges are felonies and typically carry higher sentencing ranges than simple possession.
Trafficking charges are based primarily on the weight of marijuana. While exact thresholds and sentencing ranges are specified in Georgia statutes and can change, trafficking charges generally involve:
If you are accused of trafficking, you are facing some of the most serious drug charges under Georgia law. Early, aggressive legal representation is essential to challenge the weight calculation, the legality of the search and seizure, and the State’s evidence of possession and control.
Growing marijuana plants in Georgia is illegal except in tightly controlled circumstances related to the state’s low-THC medical program. For ordinary citizens, cultivating marijuana plants can be charged as:
Penalties are generally charged at a felony level and depend on:
If law enforcement finds marijuana plants on your property, your lawyer may challenge:
Georgia’s medical marijuana laws are narrow and restrictive compared to many other states. Georgia allows certain patients to possess low-THC cannabis oil under specific conditions.
Registered patients are allowed to possess only small quantities of low-THC oil and must carry a valid state-issued registry card. Smoking marijuana or possessing traditional marijuana flowers remains illegal even for medical card holders.
To participate in Georgia’s medical cannabis program, a patient must typically:
Patients and caregivers who stay within the bounds of the law have a limited defense to possession of low-THC oil. However, possession of marijuana flower, edibles, or higher-THC products remains illegal under Georgia law.
If you are facing marijuana-related charges and believe you are eligible for or protected by Georgia’s medical marijuana laws, speak with a criminal defense attorney who understands both the criminal code and the medical cannabis statutes.
Several Georgia cities, including Atlanta, have passed local ordinances that reduce penalties for possession of small amounts of marijuana. For example, certain jurisdictions may treat possession of less than one ounce as a non-jailable offense punishable by a modest fine.
However:
This patchwork of local policies often confuses the public. Many people assume that “decriminalized” means “legal,” which is not the case. If you were arrested in Atlanta or another city that has reduced penalties locally, your defense lawyer needs to determine:
For first-time offenders, some Georgia courts offer diversion, conditional discharge, or other alternative resolutions for misdemeanor marijuana possession (under one ounce).
These programs can sometimes allow you to:
Options may include:
These alternatives are not automatic and are not available in every jurisdiction. Prosecutors and judges have discretion, and the way your case is presented, negotiated, and structured by your attorney may determine whether you receive such an opportunity. In some cases, similar options may be available even for a second simple possession offense if your lawyer knows how to properly structure the plea.
Driving under the influence of marijuana—or any drug that impairs your ability to drive safely—is a separate criminal offense in Georgia. A marijuana DUI can be charged even when:
Consequences of a marijuana DUI can include:
Defending a marijuana DUI often involves challenging:
If you have been arrested for a marijuana DUI or drugged driving, you need a lawyer who understands both DUI law and Georgia’s marijuana statutes.
A conviction for marijuana possession, distribution, trafficking, cultivation, or DUI can affect far more than the immediate sentence. Potential long-term consequences include:
Because the damage from a marijuana conviction can last decades, it is critical to explore every possible defense, diversion option, record-restriction remedy, or plea reduction that may protect you.
Every case is unique, and the right defense strategy depends on the facts, the jurisdiction, your criminal history, and the type and level of charge. Common defense approaches in Georgia marijuana cases can include:
The earlier an experienced defense lawyer is involved, the more options you may have. Plus, because you have the right to remain silent, take advantage of that legal protection.
No. Recreational marijuana is illegal in Georgia. Only limited, low-THC cannabis oil is permitted for registered medical marijuana patients under specific conditions.
Possession of more than one ounce (over 28 grams) of marijuana is a felony under Georgia law. Possession of one ounce or less is generally charged as a misdemeanor, unless the State alleges intent to distribute.
Yes. A first-time possession charge for less than one ounce is a misdemeanor that can carry up to 12 months in jail. However, in many courts, a skilled attorney can seek diversion, conditional discharge, or other alternatives that may avoid a conviction and jail time.
Some cities, such as Atlanta and others, have ordinances that reduce penalties for possession of small amounts. These are local ordinances and do not legalize marijuana under state law. You can still be charged under state law and face criminal penalties.
Georgia’s medical marijuana program allows registered patients to possess low-THC oil, and the state has moved toward licensing limited production and dispensing. However, the program is restrictive, and the types of products, THC content, and distribution mechanisms are tightly controlled.
In some circumstances, certain marijuana convictions or dismissed cases may be eligible for record restriction under Georgia law. Eligibility depends on the nature of the offense, the outcome, and your overall record. A criminal defense lawyer can review your history and determine whether you qualify for record restriction or other relief.
At GeorgiaCriminalDefense.com, our practice is focused on criminal defense—including marijuana possession, marijuana DUI, trafficking, and related drug charges—across Metro Atlanta and throughout Georgia.
Our legal warriors understand how prosecutors build marijuana cases, and we also know multiple possible ways to challenge the evidence. Once hired, we can often negotiate favorable case resolutions that are approved by our client.
If those efforts fail, we are fully trained on how to take cases to trial when necessary. Our law partners are statewide seminar chairpersons almost every year. In addition, we write legal books that other attorneys in the Peach State buy to learn more about criminal defense.
If you have been arrested for marijuana possession, marijuana DUI, trafficking, cultivation, or any marijuana-related offense in Georgia, you should speak with an experienced criminal defense attorney immediately.
Call 404-567-5515 now for your FREE lawyer consultation with a Georgia marijuana defense attorney. Ask about our payment plans, which most clients can manage.
Time is critical. Evidence can disappear, witnesses’ memories fade, and opportunities for early intervention can be lost. Contact our marijuana defense attorneys today at any of our metro Atlanta office locations and put our experience to work for you. See other links below that may be of interest.