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City of Atlanta Possession of Marijuana

City of Atlanta Possession of Marijuana O.C.G.A. § 16-13-2 or City of Atlanta ordinance 106-82

Have you been charged with possession of Marijuana in the City of Atlanta?

In 2017 the City of Atlanta attempted to change how people are treated when they are arrested for possession of marijuana gave information about the new law in Atlanta (such as Atlanta Weed, Fortune and Atlanta Magazine). Other sites supporting legalization of weed ran large headlines stating that “there is no more jail time,” or that “the fine is only $75” or that “Atlanta officers will follow city ordinance for citations only.” Other reporting media sources (such as FOX and CBE) were more reserved about the possible outcomes and other potential consequences of a Marijuana charge in the City of Atlanta, and rightfully so.

First of all how the officer treats and charges you with the possession of marijuana less than an ounce charge is entirely up to the officer. You MUST keep in mind that possession of marijuana was not legalized with the new law, it was marginally decriminalized under the City of Atlanta ordinance. Marijuana is still illegal in the State of Georgia. The Georgia Code (O.C.G.A. § 16-13-2) still makes possession illegal and subject to the larger fine and jail time. In order for the new ordinance provision to apply, you must be charged under the city ordinance itself on your citation. If your citation has Possession of Marijuana less than an ounce 16-13-2 then you are being charged under the state statute and the city ordinance doesn't apply in your situation. This means that you are facing the harsher penalties!

What does all of this mean for your Atlanta Marijuana less than an ounce charge? Again, it depends on how the officer treated your ticket/citation.  The Atlanta Police Officers are not required to follow the city ordinance only, they CAN write, and nothing prevents them from writing, your citation under state statute for City of Atlanta Possession of Marijuana less than an ounce (under O.C.G.A. 16-13-2).

There is also a misconception that if "I was not arrested I must be charged under the city ordinance," which isn't necessarily true either. If the officer charged you under the state statute and didn't arrest you, the Solicitor can resolve that issue by fingerprinting you once you are convicted at court. 

Don't take a chance with your City of Atlanta Less than an Ounce of Marijuana charge. For a free consultation and evaluation of your Atlanta Marijuana Less than an Ounce charges call our firm for Atlanta Marijuana Less than an Ounce Defense by experienced Atlanta Marijuana Less than an Ounce Criminal Defense Attorneys. Our Atlanta Marijuana Less than an Ounce Criminal Defense Lawyers have the knowledge and skills for your defense.

Just because you have been charged with Atlanta Marijuana Less than an Ounce does not mean that you have to accept guilt, it means you need to hire a experienced Atlanta Marijuana Less than an Ounce attorney to mount a proper defense for your Atlanta Marijuana Less than an Ounce charges.

              Our offices have a 24 hour response line (404-445-8494) and someone is available to answer your call and help. Call us now for a free case evaluation.

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