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Georgia Marijuana Laws

The possession, sale and manufacture or marijuana are regulated by both state and federal law. Marijuana is classified as a controlled substance in Georgia. (Ga. Code Ann. § 16-13-1.) It is also a crime to drive under the influence of marijuana in Georgia.

Penalties for Marijuana Possession, Use, Manufacture, and Sale

It is a crime in Georgia to possess marijuana for personal use, or to buy, manufacture, or sell marijuana (or to possess it with the intent to do any of these things). Unlike most states, Georgia does not differentiate, for sentencing purposes, between possession for personal use and manufacture or sale (or possession for manufacture, distribution, or sale).

When a violation involves less than 10 pounds, the offender is guilty of a felony punishable by between one to 10 years in prison. (Ga. Code Ann. § 16-13-30.) Additional penalties apply if the violation involved a minor younger than 17 years old, or if the offense occurred in a school or other drug-free zone.

Involving minors in marijuana manufacture or sales

It is also illegal to solicit or hire a minor younger than 17 years old to assist in the manufacture or distribution of marijuana. Doing so is a felony, punishable by between five and 20 years in prison, a fine of up to $20,000, or both. (Ga. Code Ann. § 16-13-30.)

Drug-free zones

Violations that take place within 1,000 feet of a school, park, playground, recreation center, public housing project, or commercial drug-free zone incur additional penalties, as follows. These penalties are added to the prison time and fines described above. (Ga. Code Ann. § 16-13-32.4(a)&(b).)

First convictions. Violators are guilty of a felony, punishable by up to 20 years in prison, a fine of up to $20,000, or both. (Ga. Code Ann. § 16-13-32.4(a)&(b).)

Second and subsequent convictions. Penalties for this felony include a mandatory minimum of five (and up to 40) years in prison, a fine of up to $40,000, or both.

A defendant may avoid the additional punishment for offenses occurring within a drug-free zone if the defendant can show that

  • the conduct took place entirely in a private residence
  • the conduct was not for financial gain, and
  • no person younger than 17 years old was present during the violation. (Ga. Code Ann. § 16-13-32.4(g).)

However, the defendant will still face the penalties applicable to the underlying crime.

Trafficking in Marijuana

It is illegal in Georgia to knowingly manufacture, sell or bring more than 10 pounds of marijuana into the state. This violation is known as trafficking in marijuana, and is punished according to the amount trafficked.

  • Between ten and 2,000 pounds. Convictions carry a mandatory minimum prison sentence of five (but not more than 30) years, and a fine of $100,000. (Ga. Code Ann. § 16-13-31(c)(1).)
  • Between 2,000 and 10,000 pounds. Convictions carry a mandatory minimum prison sentence of seven (but not more than 30) years, and a fine of $250,000. (Ga. Code Ann. § 16-13-31(c)(2).)
  • 10,000 pounds or more. Convictions carry a mandatory minimum prison sentence of at least 15 (but not more than 30) years, and a fine of $1,000,000. (Ga. Code Ann. § 16-13-31(c)(3).)
Drug Paraphernalia

It is illegal in Georgia to use, possess or sell drug paraphernalia. Paraphernalia includes all drug-related objects, including those used to plant, harvest, process, store, transport, or use marijuana. Penalties vary according to the violation.

Possession of paraphernalia is a misdemeanor, punishable with up to one year in jail, a $1,000 fine, or both. (Ga. Code Ann. § 16-13-32.2.)

Sale to an adult and advertising that drug paraphernalia is for sale

Selling paraphernalia to someone 18 years old or older, or advertising drug paraphernalia for sale, are both crimes in Georgia. A first conviction is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. A second conviction is a misdemeanor of a high and aggravated nature, punishable with up to one year in jail, a fine of up to $5,000, or both. A third or subsequent offense is a felony, punishable with between one and five years in prison, and a fine of up to $5,000. (Ga. Code Ann. § 16-13-32.)

Sale to a minor

Selling or otherwise providing paraphernalia to a minor who is younger than 18 years old is crime in Georgia. A first conviction is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. A second or subsequent conviction is a felony, punishable with between one and five years in prison, a fine of between $1,000 and $5,000, or both. Defendants face up to eight years in prison, a fine of up to $15,000, or both. (Ga. Code Ann. § 16-13-1(b)&(e).)

It's against the law for a minor or another person to lie about a minor’s age in order to buy drug paraphernalia. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Ga. Code Ann. § 16-13-1(c).)

This information was gathered from various sources online and is subject to change. If a legal matter is involved, you should refer to the latest laws passed by the Georgia General Assembly.