Georgia Marijuana Laws 2025: Penalties, Possession Limits & Legal Defense

By: Law Partner Cory Yager, Former Police Officer and Award-Winning Atlanta Criminal Defense Attorney | Serving Metro Atlanta & All Georgia Counties

Is Marijuana Legal in Georgia in 2025?

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.

Quick Answer: Georgia Marijuana Laws Quick Answers to Questions

• Recreational marijuana: Illegal statewide
• Medical marijuana: Limited, low-THC oil only, for qualifying conditions with a state registry card
• Possession under 1 ounce: Misdemeanor, up to 12 months in jail
• Possession 1 ounce or more: Felony, 1–10 years in prison
• Trafficking / large quantities: Mandatory minimum prison sentences based on weight
• Marijuana DUI: Criminal offense with serious penalties, even without alcohol involved

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 Marijuana Possession Laws: Misdemeanor vs. Felony

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.

Penalties for Possession of Less Than One Ounce (Misdemeanor)

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:

• Up to 12 months in jail
• Fines up to $1,000
• Mandatory driver’s license suspension (typically 6 months), even if you were not arrested in a vehicle
• Community service, often 40–480 hours
• Probation with drug testing and conditions
• A permanent criminal record that can affect employment, education, housing, and professional licensing

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:

• Digital scales
• Possessing multiple small baggies or having packaging materials to break down the weed into smaller containers
• Found with large amounts of cash
• Revealing text messages on cell phone that are confiscated by police or (through online search) finding social media posts or messages discussing sales

An experienced criminal defense lawyer can often challenge whether the evidence truly shows intent to distribute.

Penalties for Possession of More Than One Ounce (Felony)

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:

• Mandatory minimum 1 year in prison
• Up to 10 years in prison
• Fines up to $5,000 (and sometimes higher when combined with other charges)
• Driver’s license suspension
• Loss of voting rights during incarceration and probation
• Loss of firearm ownership rights
• Ineligibility for certain professional licenses
• A permanent felony record
• A felony marijuana conviction can affect where you can live, where you can work, your ability to obtain federal student aid, and your eligibility for many professional opportunities.
• For non-citizens, a felony marijuana conviction can trigger immigration consequences, including deportation and a permanent bar to re-entry into the United States.

Negotiated Plea Options

In some cases, an experienced Georgia marijuana defense attorney can negotiate to:

• Reduce a felony possession charge to a misdemeanor
• Avoid prison time by structuring a probation-based sentence
• Protect your record through conditional discharge or other negotiated outcomes where available

Enhanced Penalties: School Zones and Drug-Free Zones

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:

• A school or school bus stop
• A public or private park or playground
• A public housing project
• Certain designated commercial drug-free zones

Enhanced penalty range may include:

• First offense: Up to 20 years in prison and fines up to $20,000
• Second offense: Mandatory minimum 5 years and up to 40 years in prison, plus fines up to $40,000

There is a narrow affirmative defense to such charges if all each the following are true:

• The conduct occurred entirely within a private residence
• No one under age 17 was present
• The conduct was not carried out for financial gain

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.

Georgia Marijuana Trafficking and Distribution Laws

Beyond simple possession, Georgia law imposes severe penalties for distribution, possession with intent to distribute, and trafficking in marijuana.

Possession With Intent to Distribute

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:

• Quantity and packaging of marijuana
• Scales or other measuring devices
• Large amounts of cash
• Communications suggesting sales

These charges are felonies and typically carry higher sentencing ranges than simple possession.

Marijuana Trafficking (Weight-Based Mandatory Minimums)

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:

• Larger quantities of marijuana measured in pounds, not ounces
• Mandatory minimum prison sentences with limited judicial discretion
• Substantial fines that can reach tens of thousands of dollars or more

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.

Georgia Marijuana Cultivation and Growing Laws

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:

• Manufacturing marijuana
• Possession with intent to distribute, depending on the circumstances
• Trafficking, if the quantity is large enough

Penalties are generally charged at a felony level and depend on:

• The number of plants
• Total weight of marijuana produced or seized
• Evidence of distribution or sale

If law enforcement finds marijuana plants on your property, your lawyer may challenge:

• Whether you had knowledge and control over the plants
• Whether the search warrant or entry was lawful
• Whether the plants or growing setup were yours, especially in shared residences or properties

Georgia Medical Marijuana Laws and Registry Requirements

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.

What Is Legal Under Georgia Medical Marijuana Law?

• Only low-THC cannabis oil (generally up to 5% THC by weight)
• For registered patients and, in some cases, caregivers
• For a limited list of qualifying medical 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.

Qualifying Conditions and Registry

To participate in Georgia’s medical cannabis program, a patient must typically:

• Be diagnosed with a qualifying serious medical condition (such as certain forms of seizure disorders, late-stage cancer, Parkinson’s disease, and other specific conditions listed by statute)
• Obtain certification from a physician
• Be entered into the Georgia Low THC Oil Registry
• Carry a valid registry card issued by the state

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.

Atlanta Marijuana Decriminalization vs. Georgia State Law

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:

• State law still classifies marijuana as a controlled substance
• Georgia State Patrol, county deputies, and many officers in most municipalities in Georgia will still charge under state law
• You can be arrested and prosecuted under state law even inside a city with a decriminalization ordinance

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:

• Whether you were charged under state law or local ordinance
• Which court has jurisdiction
• Whether a local decriminalization ordinance can help mitigate your case or negotiating position

First Offense Marijuana Possession: Diversion and Conditional Discharge

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:

• Avoid a conviction if you successfully complete the program
• Avoid or reduce jail time
• Protect your record from a permanent drug conviction

Options may include:

• Pretrial diversion programs
• Conditional discharge under Georgia law (where available)
• Drug education classes or treatment
• Community service and probation

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.

Marijuana DUI (Drugged Driving) in Georgia

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:

• Your blood alcohol content (BAC) is below the legal limit, or
• If you only used marijuana and no alcohol at all

Consequences of a marijuana DUI can include:

• Jail time
• Driver’s license suspension

• Fines and surcharges
• Probation, community service, and mandatory DUI classes
• A criminal record that can affect employment, insurance, and being able to maintain professional licensing (e.g., for a registered nurse)

Defending a marijuana DUI often involves challenging:

• The basis for the traffic stop
• The officer’s roadside observations and field sobriety testing
• The reliability and admissibility of blood or urine test results
• Whether the State can prove actual impairment, not just the presence of THC or metabolites

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.

The Long-Term Consequences of a Georgia Marijuana Conviction

A conviction for marijuana possession, distribution, trafficking, cultivation, or DUI can affect far more than the immediate sentence. Potential long-term consequences include:

• A permanent criminal record visible to employers, landlords, and licensing boards
• Loss of eligibility for federal student aid in some circumstances
• Ineligibility or difficulties obtaining professional licenses
• Problems with immigration status for non-citizens
• Loss of firearm rights for felony convictions
• Difficulty obtaining housing and stable employment

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.

Defending Georgia Marijuana Charges: Key Strategies

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:

• Challenging the stop or search:
  If the traffic stop, search warrant, or entry into your home or vehicle violated the Fourth Amendment or Georgia law, your attorney may be able to suppress the evidence.
• Disputing possession:
  In many cases involving vehicles or shared residences, the State may not be able to prove that you had actual or constructive possession of the marijuana.
• Contesting weight and testing:
  Trafficking and felony charges often depend on weight. A lawyer may challenge how the substance was weighed, whether stems or packaging were improperly included, or whether testing properly confirmed that the substance was marijuana. In some instances, when the amount is very close to being 28 grams, re-weighing the collected evidence may result in a lower number, due to moisture evaporation from the collected evidence.
• Arguing lack of intent to distribute:
  Where the State claims you intended to sell marijuana, your attorney may challenge the interpretation of scales, packaging, and communications.
• Pursuing diversion, conditional discharge, or plea negotiations:
  For many first-time or lower-level offenders, the best outcome may be a structured resolution that avoids a conviction or reduces a felony to a misdemeanor.

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.

Frequently Asked Questions About Georgia Marijuana Laws

Is Weed Legal in Georgia?

No. Recreational marijuana is illegal in Georgia. Only limited, low-THC cannabis oil is permitted for registered medical marijuana patients under specific conditions.

How Much Marijuana Is a Felony in Georgia?

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.

Can I Go to Jail for First-Time Marijuana Possession?

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.

Do Some Georgia Cities Decriminalize Marijuana?

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.

Does Georgia Have Medical Marijuana Dispensaries?

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.

Can a Georgia Marijuana Conviction Be Expunged or Restricted?

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.

Why Hire Our Georgia Marijuana Defense Attorneys?

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.

• Founding law partner William C. (Bubba) Head has over 49 years of courtroom experience handling misdemeanor and felony cases, including DUI marijuana and possession offenses. In 2003, he was voted the Best DUI Lawyer in America by the National College of DUI Defense, which was conducted at Harvard Law School, at that time.
• Atlanta weed lawyer Larry Kohn has nearly 30 years of criminal litigation experience and has been rated by former clients in over 600 five-star AVVO reviews. He defends clients facing serious drug possession and marijuana-related charges, including felonies.
• Law partner Cory Yager is a former police officer who now has defended people accused of drug crimes and DUI for almost two decades. His nine plus years of law enforcement background and training gives him insight into how officers investigate drug cases—and how to attack weak or illegal searches and arrests.

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.

Free Consultation with a Georgia Marijuana Defense Lawyer Who Is a Law Partner

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.

• Our criminal lawyers near me are available 24 hours a day, 7 days a week
• You will be speaking directly with a law partner from our Firm about your case
• We will review your charges, explain your options, and outline a strategy to protect your record, your freedom, and your future

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.

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