Medical Marijuana Defense in Georgia
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Discover how to navigate medical marijuana defense in Georgia with insights from Philip Kim Law, P.C. Learn about your rights, legal nuances, and how our experienced attorneys can help.
Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on August 30, 2024.
Navigating Georgia’s Medical Marijuana Regulations
Using medical marijuana in Georgia can still lead to serious legal trouble, even though it’s used to treat conditions like chronic pain and epilepsy. The state’s laws are strict, banning the growing, selling, or smoking of marijuana in its plant form while only allowing limited use of low-THC oil.
It’s essential to understand your rights and defenses within this complex legal landscape. Many people don’t realize that even with a medical marijuana card, navigating Georgia law can be challenging. Recently, the Georgia Access to Medical Cannabis Commission tightened regulations, adding more rules and potential challenges for patients and caregivers.
At Philip Kim Law, P.C., we are committed to defending the rights of those caught in these legal issues. With our experience in medical marijuana defense cases, you don’t have to face these complicated regulations alone. Let us help you understand Georgia’s medical marijuana laws and protect your rights effectively.
Overview of Medical Marijuana Laws in Georgia
Georgia’s medical marijuana law only allows the use of low-THC oil (cannabis oil with less than 5% THC) for treating specific medical conditions. Recreational marijuana remains illegal for general use and distribution. Under state law, the possession of any marijuana product by unauthorized persons is prohibited.
Only registered patients are legally allowed to use medical marijuana in Georgia. Patients must have severe or terminal medical conditions like cancer, seizures, or severe chronic pain. Legal possession is limited to low-THC oil.
To obtain medical marijuana, patients must join the Low-THC Oil Registry. This involves consulting a doctor who confirms eligibility and submits an application. Once approved, patients receive a Low-THC Oil Registry Card.
While some cities in Georgia, such as Atlanta and Savannah, have passed local ordinances that reduce the penalties for possessing small amounts of marijuana, possession remains illegal under state law. In these cities, penalties for possessing less than an ounce are often limited to a fine without jail time.
However, possessing over an ounce of marijuana remains a felony, and the distinction between medical and non-medical use is critical. Registered patients must strictly adhere to state limits and guidelines to avoid legal issues.
For more details on marijuana offenses, you can call Philip Kim Law, P.C.
Common Legal Issues and Defenses
Arrest and Charges
Even with a medical marijuana card, Georgia residents can still face legal troubles under certain circumstances. Arrests often occur when someone possesses more than the legally allowed amount of marijuana or is caught using it in areas where cannabis use is prohibited. Georgia’s drug laws are strict, and drug charges can vary widely depending on the situation.
For instance, simple possession typically results in a misdemeanor charge. However, if evidence suggests distribution or intent to distribute, the charges can escalate to felonies carrying much harsher penalties.
Possible Defenses
There are several potential defenses for marijuana-related charges in Georgia:
- Unlawful Search and Seizure: If the police conducted an illegal search, any evidence they found may be inadmissible in court. This is a common and effective defense.
- Improper Arrest Procedures: The case could be dismissed if law enforcement didn’t follow the correct procedures during the arrest.
- Medical Necessity: The defense of medical necessity may be applicable for registered patients. This defense argues that the marijuana was essential for medical treatment and that the patient was within their legal rights to possess it.
Navigating these defenses can be complicated, making legal representation crucial. An experienced attorney can help ensure that all aspects of the law are carefully examined to provide the best possible defense.
The Impact of a Marijuana Possession Conviction
A marijuana possession conviction can have severe consequences that extend far beyond the immediate legal penalties. The following are critical areas of life that can be significantly affected:
- Employment Challenges: A conviction can seriously hinder future employment opportunities. Employers often conduct background checks and may reject applicants based on criminal records. This can make it difficult to secure stable jobs, especially in industries with strict hiring policies.
- Housing Difficulties: Housing is another area where a conviction can create barriers. Many landlords require background checks and may deny rental applications upon discovering a drug-related conviction. This can limit housing options and create additional stress.
- Long-Term Effects: The long-term impact of a marijuana possession conviction on a criminal record can be devastating. Such a conviction remains on record and can affect various aspects of life for years, including professional opportunities, educational pursuits, and more.
- Strained Personal Relationships: Personal relationships can also suffer due to the stigma associated with a drug conviction. Family and friendships may become strained, leading to isolation and emotional distress.
Given these potential consequences for drug offenders, it is crucial to seek professional legal assistance. An experienced attorney can help mitigate the impact of a conviction, potentially reducing the severity of the penalties or even achieving a dismissal of the charges.
The Role of Philip Kim Law, P.C.
At Philip Kim Law, P.C., we are skilled at defending individuals accused of medical marijuana offenses in Georgia. The firm has extensive experience handling a wide range of criminal charges, from minor possession charges to more serious offenses involving higher THC content.
We employ specific defense strategies tailored to each client’s unique situation. These strategies may include:
- Thorough examination of evidence
- Challenging unlawful searches and seizures
- Arguing for the medical necessity of marijuana use
Success is achieved through meticulous preparation and passionate advocacy for clients’ rights. We have a track record of securing favorable outcomes, whether it’s reducing charges or achieving outright dismissals.
Philip Kim Law, P.C. is committed to supporting clients at every stage of their case. From the initial consultation to courtroom representation, clients are guided through each step, ensuring they are fully informed and prepared. The firm’s dedication to client care and ethical defense tactics can make a significant difference in navigating legal challenges.
Why Choose Philip Kim Law, P.C.?
- Experience: The team has years of experience fighting drug charges.
- Dedication: The firm is dedicated to understanding and defending clients’ rights.
- Confidentiality: Client privacy is prioritized, and every case is handled with the utmost confidentiality.
Get in Touch With Our Criminal Defense Attorney
If you’re facing medical marijuana charges, it’s essential to understand the laws and potential defenses available. Philip Kim Law, P.C. is ready to provide quality legal assistance, ensuring your rights are protected and working towards the best possible outcome for your case.
Contact Philip Kim Law, P.C. today for a consultation and take the first step toward a strong defense. Let the experienced team put their expertise to work for you.
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Lawrenceville, GA 30046