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When Marijuana Possession Becomes a Felony Roswell, GA
Hands Cuffing Behind a Man's Back Roswell GA

Georgia has some of the most conservative marijuana possession laws in the country. A simple marijuana possession charge could quickly become much more serious. It’s important to know when, and where, your misdemeanor could become a felony.

Amount In Possession

Possession of marijuana weighing less than one ounce is considered a misdemeanor. If the amount of marijuana is between one ounce and 10 pounds, it is then deemed “selling” and turns into a felony with a mandatory jail term and fine. More than 10 pounds of marijuana in your possession is recognized as trafficking.

The state of Georgia defines possession of marijuana as “under your control.” This means you may be in control of marijuana that is in your vehicle or home but doesn’t belong to you.

Intent to Distribute

Even possession of less than one ounce of marijuana can become a felony if there is evidence that it is being sold or shared. This evidence can include baggies or other packaging materials. If the charge is “possession with intent to distribute” and the total amount is less than 10 pounds, the jail term can be 1 to 10 years with a fine up to $5,000.

A trafficking conviction carries a much harsher sentence and is based on the amount in your possession. These convictions start at 5 to 30 years in jail with a fine of up to $100,000 for trafficking between 10 and 20,000 pounds of marijuana.


The State of Georgia has very strict laws about marijuana in certain locations. Any marijuana activity happening within 1,000 feet of a schoolyard, a public park or a housing project has much stiffer punishments. This doesn’t just include possession and intent to distribute but also cultivating.

If you have been charged with felony marijuana possession or intent to distribute, call our office today at (770) 993-5317. An experienced criminal defense attorney will work hard to make sure you have fair and honest representation.

Posted on behalf of Rowsey & Stelter, Attorneys at Law

295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075

Phone: (770) 993-5317

Monday - Friday 9:00 AM – 5:00 PM
Saturday Closed

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I met Tom over 10 years ago after settling in Roswell with my family. I have learned over the years that Tom is a man of high integrity, genuine and extremely knowledgeable in his field. Along with being honest, he is a straight shooter and will let you know where you stand. He will provide you with personal attention you don’t get at bigger firms and will go the extra mile. As legal matters can be frightening to deal with, Tom will guide you through the process and get you the results you need.

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Rowsey & Stelter, Attorneys at Law

Contact Us Today!

295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075

(770) 993-5317

Monday - Friday 9:00 AM – 5:00 PM
Saturday Closed