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Many municipalities and counties have reduced penalties for those caught possessing less than an ounce of marijuana, replacing jail time with a fine instead.
Legalization advocates must ensure that diversion issues are included in state regulations or else public support for regulated marijuana industries will dwindle rapidly.
What Has Changed Since Legalization?
Many states, including Georgia, now permit the possession and use of marijuana legally. While public polls and local media have supported legalization efforts in Georgia, their ultra-conservative legislature has taken its time passing laws legalizing pot.
Recent signs point towards Georgia legislators possibly reconsidering their positions on marijuana legalization and taxation; Georgia Gov. Evers has pledged to legalize and tax adult-use marijuana and the Assembly GOP has approved a limited medical plan for Georgia.
But marijuana remains classified as a Schedule I controlled substance under federal law and Georgia has strict laws surrounding its possession, sale, cultivation and transportation. Driving while under the influence of any substance – be it marijuana or another – is against the law. A driver found driving while impaired can be charged with DUI; this includes prescription or illicit drugs as well as having marijuana metabolites present.
Once upon a time, a positive drug test for marijuana could result in a DUI conviction even when consumed out of state. But today in many states that is no longer the case; sometimes a positive result only results in misdemeanor charges being laid against drivers.
Misdemeanor Possession
Anyone found with less than an ounce of marijuana in Sandy Springs faces misdemeanor possession charges that carry up to a $1,000 fine and 12 months imprisonment as punishment.
Courts also have the power to grant individuals a nolo contendere plea, which allows them to admit guilt without going to trial. A judge must accept this plea in order for it to go forward; whether this happens is ultimately up to the discretion of that particular court judge. An experienced DUI lawyer in Sandy Springs will be able to advise whether or not any proposed plea deals are fair and help you make informed decisions on what would work best in your situation.
Drug offenses usually result in license suspension. An experienced attorney can help you file paperwork within thirty days after being arrested to avoid this penalty, as well as build an effective defense for you.
Law enforcement officials can still charge individuals suspected of driving while under the influence of drugs or alcohol, leading to DUI charges being laid against them. Therefore, it’s crucial that they hire a DUI lawyer right after being arrested so as to try and have any associated DUI charges dismissed as quickly as possible. An experienced DUI attorney will help keep their license and even represent them before courts to try and have these accusations dropped altogether.
Felony Possession
Possession of marijuana exceeding one ounce remains illegal under current law and anyone caught possessing more can be charged with possessing with intent to sell or distribute. Police may find evidence of this intent such as scales, money or any other indications; such crimes have serious repercussions and lasting impacts should conviction occur.
Due to their serious legal ramifications, marijuana felonies must be handled differently than misdemeanor cases. A conviction could carry up to ten years in prison and an individual arrested may even find their license suspended even though they weren’t driving at the time. Therefore it is vital that anyone charged with a felony drug offense immediately contact an experienced Sandy Springs DUI attorney for legal representation.
At one time, drivers who tested positive for cannabis metabolites while driving could often be found guilty of driving under the influence. This was because presence of this substance can cause loss of control and impairment while driving. Nowadays, however, DUI laws are changing to reflect legalization of cannabis products across different states as well as ongoing presence of marijuana metabolites for weeks after use.
If someone in Georgia has been charged with drug-related offenses, they are required to appear for arraignment within 30 days of their arrest. At this hearing, a judge will read out the charges against them and schedule the next steps of their case; initially this may include attending a pre-trial conference where defense and prosecution can discuss potential plea negotiations and procedural matters; otherwise the matter will proceed directly into trial proceedings.
City Ordinance Violations
Sandy Springs Municipal Court handles misdemeanor traffic and local ordinance violations that take place within its boundaries, as well as misdemeanor DUI cases. As one of Georgia’s most serious offenses, DUI can carry severe consequences including significant jail time, fines, community service requirements, mandatory alcohol education classes and license suspension. Therefore it’s imperative that if charged with DUI you hire an experienced Sandy Springs DUI Lawyer who can protect your rights.
Reclassification of marijuana could bring changes to DUI laws as well as encourage further research on its effects on driving ability. Under Georgia law, police can charge someone with DUI for having any trace amount of drugs in their system, including marijuana, if they believe their ability is impaired by driving.
Reveal magazine initiated requests under Georgia Open Records Act for every disorderly conduct case reported in Sandy Springs Municipal Court over 20 months, finding that 64 percent were related to drugs compared with just 17 percent for alcohol consumption and 4 percent for other forms of “disorderly conduct.”
As well as offering plea bargains, your attorney can also argue that there is insufficient evidence against you to prove you beyond a reasonable doubt. If the prosecutor disagrees with this argument and requires a trial to proceed, your rights include being tried before a 6-person jury panel. An experienced DUI defense lawyer can guide you through this complex process in order to reduce or drop charges altogether.
