Marijuana Charges Lawyer
in Lawrenceville, Georgia

Unlike many states, Georgia has not legalized marijuana. Possession, sale, and distribution of drugs remain criminal offenses under state law, regardless of what has changed elsewhere in the country. Even a minor possession charge can carry serious, lasting consequences. At Philip Kim Law, we defend clients across Gwinnett County facing marijuana-related charges. Our firm’s criminal defense team focuses on these cases and understand the local court landscape.

If you’re facing charges, understanding your legal options early matters.

Call Now For a Free Consultation

Understanding the Weight of Marijuana Charges in Georgia

You may have come from a state where marijuana is legal, or simply didn’t know how seriously Georgia treats it. Maybe the amount was small. Maybe you didn’t know it was there. Whatever the circumstances, a marijuana charge in Georgia is a genuine criminal matter with lasting consequences.

Marijuana offenses in Georgia are primarily governed by O.C.G.A. § 16-13-2 and § 16-13-30. Possession of one ounce or less is a misdemeanor under O.C.G.A. § 16-13-2(b), carrying up to 12 months in jail and a fine up to $1,000. Possession of more than one ounce is a felony under O.C.G.A. § 16-13-30(j), punishable by 1 to 10 years in prison.

Sale or delivery of 10 pounds or less is also a felony, carrying 1 to 10 years imprisonment.

THC Concentrates and Edibles

THC concentrates, edibles, and vape cartridges may be charged as Schedule I controlled substances rather than marijuana. Under that classification, even small amounts carry felony penalties ranging from 1 to 15 years depending on weight, significantly harsher than equivalent plant material would receive.

Misdemeanor cases are heard in Gwinnett County State Court, while felonies in Superior Court. The statute of limitations is 2 years for misdemeanor possession and 4 years for felony marijuana offenses under O.C.G.A. § 17-3-1. If you are facing marijuana charges in Gwinnett County, understanding your legal options early matters.

Trafficking

This applies when the quantity exceeds 10 pounds. Between 10 and 2,000 pounds carries a mandatory minimum of 5 years and a $100,000 fine; between 2,000 and 10,000 pounds, a mandatory minimum of 7 years and a $250,000 fine; and 10,000 pounds or more, a mandatory minimum of 15 years and a $1,000,000 fine.

Step by Step
What Happens When You’re Charged with Marijuana:

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Step 1 – Stop or search:

Most marijuana cases begin with a traffic stop or a search. The legality of that stop and search is one of the first issues examined in any defense review.

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Step 2 – Case evaluation:

An attorney reviews the circumstances of the stop, the search, and the evidence, including whether suppression motions or diversion programs may apply.

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Step 3 – Suppression motion (if applicable):

If the stop or search was unlawful, the evidence obtained may be challenged. A successful suppression motion can significantly affect how a case proceeds.

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Step 4 – Conditional discharge (if eligible):

For first-time possession offenders, Georgia’s conditional discharge provision under O.C.G.A. § 16-13-2 may allow a charge to be dismissed after a completed probationary period.

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Step 5 – Negotiation or trial:

Depending on the evidence and circumstances, outcomes may include dismissal, diversion, charge reduction, or acquittal at trial.

Types of Marijuana Cases We Handle
in Georgia

Simple Possession (one ounce or less)

We defend clients charged with misdemeanor possession under O.C.G.A. § 16-13-2, including first-time offenders exploring conditional discharge options.

Felony Possession (more than one ounce)

We represent clients facing felony charges under O.C.G.A. § 16-13-30, where conviction can mean 1 to 10 years in prison.

Possession of THC Concentrate, Edibles, or Vape Cartridges

We handle cases where marijuana-derived products are charged as Schedule I controlled substances, which carry significantly harsher penalties than plant material.

Sale, Distribution, or Delivery

We defend clients charged with distribution offenses, which are felonies regardless of the amount involved.

Marijuana Trafficking (10 pounds or more)

We represent clients facing mandatory minimum sentences under O.C.G.A. § 16-13-31, where the stakes are among the highest in Georgia drug law.

DUI (Marijuana or THC Impairment)

We handle cases involving charges of driving under the influence of cannabis or THC.

Possession In a School Zone or Drug-Free Area

We defend clients facing sentencing enhancements under O.C.G.A. § 16-13-32.4, which can add years to an underlying charge.

What Outcomes May Be Possible For Your Marijuana Case

Every case is different, and no outcome can be guaranteed. That said, several legal avenues are commonly evaluated depending on the facts.

Dismissal Through Suppression

If the traffic stop or search that led to the charge was unlawful, a motion to suppress can be filed to exclude the evidence obtained. Without that evidence, the prosecution may be unable to proceed.

Conditional Discharge (O.C.G.A. § 16-13-2)

First-time offenders with no prior drug convictions — in Georgia or any other state — may be eligible for conditional discharge. Under this provision, the court defers entry of a guilty finding and places the defendant on probation for up to three years. Upon successful completion, the charge is dismissed without a conviction on record. Conditional discharge applies only to possession offenses, not to sale or trafficking charges, is available only once per person, and is granted at the court’s discretion, it is not automatic.

Charge Reduction

Where the quantity of marijuana is disputed or the evidence is ambiguous, a reduction from felony to misdemeanor may be negotiated.

Acquittal at Trial

If the state cannot prove possession beyond a reasonable doubt, or if the legality of the search is successfully challenged, a not-guilty verdict remains a possible outcome.

What Our Clients Say

“I hired Mr. Kim to represent me in a case dating back a few years ago. I was extremely scared that my case would derail my career because of a previous mistake. Luckily, with Mr. Kim’s constant hard work and dedication, I was able to get the results I hoped for that wouldn’t hurt my future. I appreciate everything Mr. Kim has done and, if I had to do it all again, I would pick Mr. Kim every time. Thank you sir, you’re a life saver.”

– G. J.

“Highly recommended. Philip is pretty straightforward and honest. Provided a clear approach and execution. Kayley was extremely welcoming and supportive at the first meeting. Aide was on top of timelines. Pretty terrific group.”

– E. K.

“With much patience and Mr. Kim’s counsel, I was extremely satisfied with the outcome of my case. He is very honest and straightforward. He respected my decisions and really looks out for his clients. He truly wants the best for them. I also had a great experience with his office, as they were highly professional and communicated effectively. I highly recommend him.
Big thanks to Mr. Kim!”

– T. R.

“Best lawyer I’ve ever spoken to or worked with. I have never had any legal trouble previously and they made it super simple and easy. Confident and friendly staff. I would definitely recommend them to anyone!”

– M. S.

“From start to finish, Philip Kim Law was professional, responsive, and incredibly knowledgeable. They took the time to explain every step of the process and made sure I understood all of my options. Thanks to their hard work, my case was dismissed, which was a huge relief and a far better outcome than I ever expected. I felt confident knowing I had someone truly fighting for me and my future.”

– W.S.

“If you are looking for a lawyer and staff with integrity, excellent skills, and legal knowledge, not to mention a very professional and courteous attitude, this is the law office to go to. Mr. Kim handled my legal issue as a priority and had my best interest at heart. He did only what would be beneficial to me, not himself or anyone else. Finally a lawyer you can trust!”

– S.K.

Why Choose Philip Kim Law?

Local Court Knowledge

Marijuana cases in Gwinnett County follow specific procedures, and familiarity with those procedures matters when building a defense.

Prosecutorial Familiarity

Different prosecutors approach marijuana cases differently. Understanding those tendencies can inform how a case is prepared and negotiated.

End-to-End Experience

From the initial stop to the final resolution, Philip Kim Law has handled marijuana cases through every stage of the Gwinnett County court system.

Philip Kim Law fights marijuana charges with the same intensity we bring to more serious drug offenses, because a marijuana conviction can affect your career, your housing, and your future in ways that go far beyond a fine.

Frequently Asked Questions About Marijuana Charges in Georgia

View All FAQs

No. Georgia has not legalized recreational marijuana. Medical use of low-THC cannabis oil (up to 5% THC) is permitted for qualifying patients under the Georgia Hope Act, but possession of marijuana in any other form remains a criminal offense under state law.

In some cases, yes. First-time offenders may be eligible for conditional discharge under O.C.G.A. § 16-13-2, which can result in dismissal after a completed probationary period. Separately, if the stop or search that produced the evidence was unlawful, a suppression motion may be available. Eligibility depends on the specific facts of the case.

Potentially, and the difference can be significant. THC concentrates may be charged as Schedule I controlled substances rather than marijuana, which carries felony penalties even for small amounts. The specific charge depends on how the substance is classified by the prosecution.

Proximity to drugs alone does not establish possession. Under Georgia law, the state must prove that a person knew the marijuana was present and had control over it. Cases involving shared vehicles or joint occupancy require careful examination of the evidence.

Yes. Drug-related convictions, including marijuana offenses, can carry serious immigration consequences, including removal, inadmissibility, and denial of naturalization. Non-citizen clients should ensure their attorney is aware of their immigration status when evaluating defense options.

Yes. Georgia’s DUI statute applies to driving under the influence of any drug, including marijuana. A positive THC result may be introduced as evidence even if use occurred days before driving. The relationship between a positive test result and actual impairment at the time of driving is a factual and legal question that can be challenged.

Protect Your Rights and Your Future — Contact Our Georgia Marijuana Charges Lawyer Today

Georgia’s marijuana laws carry real consequences, and the outcome of a case often depends on decisions made early in the process. Philip Kim Law reviews marijuana cases across Gwinnett County, including the circumstances of the stop, the search, and the evidence, and advises clients on their options from the first consultation.

Contact us at (678) 273-3500 today to schedule a free, confidential consultation.

Call Now For a Free Consultation

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