Is Weed Legal in Georgia? Complete Guide to 2025 Georgia Marijuana Laws

By: Cory Yager, Former Police Officer & Atlanta Criminal Defense Attorney | Serving Metro Atlanta & All Georgia Counties

Is marijuana legal in Georgia? The short answer is no - recreational marijuana remains illegal in Georgia despite nationwide legalization trends. Possession of more than one ounce of marijuana is a felony in Georgia, carrying potential prison sentences of 1 to 10 years.

Understanding Georgia's complex marijuana laws is essential if you're facing charges, as penalties range from minor fines in the City of Atlanta, to decades in state prison depending on quantity, location, and prior offenses.

Georgia maintains some of the strictest marijuana laws in the United States—only five states (South Carolina, Tennessee, Idaho, Wyoming, and Kansas) have more restrictive policies. However, recent legislative changes have created a patchwork of enforcement approaches across the state. Atlanta and several other Georgia cities have decriminalized possession of small amounts, while state law still classifies marijuana as a controlled substance with serious criminal penalties.

This comprehensive guide explains everything you need to know about Georgia marijuana laws in 2025, including possession penalties, trafficking charges, medical marijuana access, defense strategies, and how to protect your future if you're facing marijuana charges.

Georgia Marijuana Possession Laws: Misdemeanor vs. Felony

Possession of Less Than One Ounce (Misdemeanor)

Possession of one ounce or less of marijuana in Georgia 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 still carries significant consequences:

Penalties for misdemeanor marijuana possession include:

• Up to 12 months in jail
• Fines up to $1,000
• Mandatory 6-month driver's license suspension (even if not arrested in a vehicle)
• Community service from 40 hours up to 480 hours
• Probation with drug testing requirements
• Permanent criminal record affecting employment, education, and housing

Despite being classified as a misdemeanor, first-time marijuana possession under one ounce can derail your life. College students may lose scholarships, professionals may lose occupational licenses, and anyone may face employment difficulties with a drug conviction on their record.

Important: Georgia law allows prosecutors to charge possession of less than one ounce as felony possession with intent to distribute if evidence suggests you planned to sell or distribute the marijuana—even small amounts. Evidence of intent includes digital scales, multiple baggies, large amounts of cash, text messages discussing sales, or packaging materials.

Possession of More Than One Ounce (Felony)

Possession of more than one ounce of marijuana in Georgia is a felony offense. The penalties escalate dramatically:

Felony marijuana possession penalties:

• Mandatory minimum 1 year in prison
• Maximum sentence of 10 years in prison
• Fines up to $5,000
• Suspended driver's license
• Loss of voting rights
• Loss of gun ownership rights
• Ineligibility for certain professional licenses
• Permanent felony record

A felony marijuana conviction creates lifelong consequences beyond prison time. You'll lose fundamental civil rights, face barriers to employment and housing, and may be denied federal benefits including student financial aid. For non-citizens, a marijuana felony can trigger deportation proceedings and permanently bar re-entry to the United States.

Georgia allows negotiated plea agreements that can reduce felony marijuana possession charges to misdemeanors in some circumstances. An experienced Georgia marijuana defense attorney can negotiate with prosecutors to "de-escalate" charges, potentially saving you from a felony conviction.

Enhanced Penalties: School Zones and Drug-Free Zones

Georgia law imposes dramatically harsher penalties for marijuana offenses committed near areas where children congregate.

Possession or sale of marijuana within 1,000 feet of:

• Schools or school buses
• Parks or playgrounds
• Public housing projects
• Designated drug-free commercial zones

Carries enhanced penalties of:

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

There is an affirmative defense if the conduct occurred entirely within a private residence, no one under 17 was present, and the conduct was not for financial gain. However, prosecutors aggressively pursue these enhanced charges, making experienced legal representation essential.

What Are You Waiting For if the Call is FREE?

Don't let a marijuana charge destroy your future. Georgia prosecutors pursue convictions aggressively, even for small amounts. The sooner you contact an experienced marijuana defense attorney, the better your chances of a favorable outcome.

We're available 24 hours a day, 7 days a week. Our legal team will thoroughly analyze your case, explain your options, and lay out a strategic defense to protect your legal rights, freedom, and your future.

Time is critical. Evidence disappears, witnesses' memories fade, and opportunities for early intervention close quickly. Contact our Atlanta marijuana defense attorneys today and put our experience to work for you.

Call 404-567-5515 now for your FREE lawyer consultation with a criminal defense attorney who is a Partner and published legal book co-author. Ask about our payment plans, which most clients can handle.

Georgia criminal defense lawyer Bubba Head has over 47 years of courtroom experience with misdemeanor and felony cases involving DUI marijuana, and possession of less than an ounce. Mr. Head was voted the Best DUI Lawyer in America by the National College of DUI Defense.

Atlanta weed lawyer Larry Kohn has gotten over 600 5-star AVVO reviews during his almost 30 years of litigation experience. Mr. Kohn will defend you against very serious drug possession charges, including felony charges. He helps clients navigate the complexities of drug charges, and works tirelessly to get you the best outcome.