Posted on November 16, 2018 at 2:39 p.m.
In most places in Georgia, possession of a personal quantity of marijuana is a misdemeanor. Possession of less than one ounce of marijuana will be charged under OCGA 16-13-2(b). This law applies to possession of the parts of the marijuana plant itself. But what about other forms of THC, such as oil, resin, or wax, derived from the plant? These substances do not fall under 16-13-2(b) and may be charged as Schedule I felonies. However, there is a possible way to get charged with a felony for possessing THC oil.
Low THC oil
A little-known law, OCGA 16-12-191, regulates possession of “low-THC oil.” This law defines low-THC oil as oil with a THC concentration of less than 5%. Low THC is penalized with an offense as long as the amount in possession is under 20 ounces. An interesting fact about this is that the GBI Crime Lab does not typically provide analysis of THC concentration. Therefore, even if the oil concentration is over 5%, the prosecutor may not be able to prove the oil concentration. In such a case, you may be able to file a misdemeanor charge.
bottom line
Unlike a growing number of states, possession of marijuana remains a crime in Georgia. Additionally, for most marijuana extracts, simple possession of any amount is a criminal offense. If you’re stuck with a felony charge on THC, you can also file a complaint with a drug court. Speak to an experienced criminal lawyer today to discuss your best option. Contact us today for a free consultation!
