On May 21, Macon-Bibb Commissioners voted to implement an ordinance that reduced the penalty of possessing small amounts of marijuana. Before the new ordinance, those in Macon-Bibb caught with less than an ounce of marijuana could face up to a year in jail and a fine of $1,000. The new ordinance imposes only a $75 fine and eliminates the potential for jail time. While the punishment for possession of marijuana is now significantly decreased, marijuana is still illegal in Macon-Bibb county – as it is in the rest of the state of Georgia.
As a Cobb County DUI Lawyer, I speak with those arrested for DUI in Cobb County as well as related crimes – one such related crime is Possession of Marijuana in Cobb County. Though some counties and cities such as Macon-Bibb have implemented ordinances to reduce penalties for possession of marijuana, Cobb County is not one of them.
In today's post, I will cover the law behind possession of marijuana as well as DUI Marijuana.
Marijuana Possession and DUI Marijuana in Georgia
According to O.C.G.A. §16-13-2(b), the penalty in Georgia possessing less than one ounce of marijuana is up to $1,000 in fines and/or imprisonment for up to one year. This crime is classified as a misdemeanor.
However, if caught with more than one ounce of marijuana, then the crime is classified as a felony, and the penalty will include fines and between one and ten years in prison.
Further, while many people associate DUIs with alcohol, you can also be charged with driving under the influence of drugs, specifically marijuana (otherwise known as DUI Marijuana in Cobb County). However, unlike most DUIs, it is possible to be charged with a marijuana DUI even if you are not actually under the influence of marijuana at the time you are driving.
In Georgia, there are several different ways one can get charged with a DUI, including:
- Driving and being influenced by alcohol to the extent it is less safe to drive.
- Driving and being influenced by drugs to the extent it is less safe to drive.
- Driving and being influenced by glue, aerosol, or other toxic vapor to the extent it is less safe to drive.
- Driving and being influenced by any combination of alcohol, drugs, glue, aerosol, or other toxic vapor to the extent it is less safe to drive.
- Driving and having a blood alcohol concentration of 0.08 grams or more at any time within three hours after driving.
- Operating or being in physical control of a vehicle and having any amount of marijuana in their blood or urine, including metabolites and derivatives of marijuana.
How long the marijuana stays in your system depends on several factors: frequency of use, age, gender, height, body mass index (BMI), metabolism, amount of marijuana consumed, the potency of the marijuana, and whether the marijuana is smoked or ingested.
So, yes, it is possible to receive a DUI even if you are not currently under the influence of any drugs so long as there is a presence of marijuana in your blood. Though the law may not seem to make much sense, that is the current state of the law for DUI Drugs in Cobb County.
If you have been arrested for DUI Marijuana or possession of marijuana, you need an experienced defense attorney who has knowledge of the law regarding marijuana in Cobb County. Every case is different, so call us today to discuss yours.