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Criminal Defense Blog

How Do Cops and Prosecutors turn Misdemeanor Marijuana (<1oz.)into Felony Charges.

Posted by Ryan Brown | Jul 21, 2019 | 0 Comments

"As long as it's under an ounce I'm fine."

Those are the words of someone who could quickly catch a felony. It is true, that in the terms of merely possessing marijuana, that anything less than one ounce in Georgia is punishable as a misdemeanor (this does include marijuana edibles or vape cartridges).

There is a trick that prosecutors will use, however, if they are out to get you, that will turn misdemeanor amounts of marijuana into felony charges.

Possession with Intent to Distribute. 

If you are arrested with less than one ounce of marijuana and cops find any of the following items you could find yourself facing felony charges. 

  • Empty Plastic Bags
  • Digital Scale(s)
  • Multiple Bags of Marijuana
  • Phone Messages (of course, don't ever give a cop consent to search your phone)
  • Grinders

Law enforcement officers oftentimes take the stance that the only reason you would have any of these items is if you are selling marijuana. I've heard officers testify many times that "in their training and experience" (a favorite cop phrase) that digital scales are indicative of illegal drug distribution. 

And if they think you are selling marijuana (technically, if they think you are possessing it with the intent to sell it or give it away) then they will charge you with a felony. 

Long story short, cops can take two dime bags and a set of digital scales and charge you with a felony. They can take some shake in the bottom of the bag along with a few empty plastic baggies and say that you must've been selling marijuana. Trust me, they will do it. I have seen it many times. 

Don't Be Afraid to Fight

Just because you are charged doesn't mean that you are guilty. It just means that it is now time to fight the charges. Now is the time to make the government do their job. Don't fight the charges alone. Contact us today and set up a consultation so we can talk to you about your case. 

About the Author

Ryan Brown

Ryan Brown has always hated bullies. Growing up, Ryan took on bullies, fighting for those who needed his help. His parents always told him, "Never start a fight, but always defend yourself." When a prosecutor brings charges against you, they have picked a legal fight. You must defend yourself. P...


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