Possession of less than one ounce of marijuana has been decriminalized in Savannah, which can result in a fine of $150 and a ticket.
However, if you have over one ounce of marijuana in your possession, you can be charged with Possession of Marijuana with Intent to Distribute, which is a felony charge in Georgia.
Elements and Defenses
This charge can be based on several things. First, if you have more than one ounce of marijuana in your possession, then the law presumes that it is not for personal use and that you have that quantity so that it can be sold. However, this is rebuttable.
Oftentimes, the police will try to find other objects that are in close proximity to the marijuana so that they can “prove” that you intended to sell the marijuana. Some examples include plastic baggies (which might be used to sell quantities to different people), scales (to weigh the marijuana for distribution), and even cash money (which might be the proceeds from a recent drug deal).
Intent to Distribute is a serious felony charge that you can face even if you just have marijuana for personal use. A good criminal lawyer can often fight to turn that felony back into a misdemeanor (or even a city ordinance violation). Give us a call to discuss how we can help you today.