It is common knowledge across the State of Georgia that possession of less than one ounce of marijuana is a misdemeanor. You may have found yourself arrested and charged with a felony for a pot brownie, lollipop, gummy, or other edible. In my experience, far too few people are aware that possession of one edible can lead to felony charges.
Edibles as a Felony
The law is confusing because there are things in some states that are legal, but remain illegal in other states. Many people purchase edibles in Colorado. These edibles take various forms but essentially are made by infusing THC into what would otherwise be a legal recipe for brownies, candies, etc. And there is the problem.
Georgia has an organized schedule of drugs that are illegal to possess. Schedule I, II, III, IV, V and then Dangerous Drugs. Schedule I being the "most serious" and Dangerous Drugs being (albeit counterintuitively) the least serious. Georgia has determined that the THC used to infuse these edibles is a Schedule I drug. Georgia specifically defines the illegal THC in O.C.G.A. § 16-13-25 as follows:
Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis. (emphasis added).
Basically, when marijuana (THC) becomes so concentrated that it no longer looks like weed it becomes a felony. Meaning that edibles, possession of even just one, is a felony and is oftentimes charged as such by prosecutors in Newnan, Carrollton, Fayetteville, and other places throughout the State of Georgia.
The penalties for possession of edibles becomes slightly more complicated. There are three basic tiers of punishment and they are all determined by the aggregate weight (this weight includes any sort of mixture) of the substance.
- Less than one gram of solid substance.
- Less than one milliliter of liquid substance.
- Placed into secondary medium with combined weight of less than one gram.
- Range of punishment is one to three years.
- At least one gram, but less than four grams of solid substance.
- At lest one milliliter of liquid substance, but less than four milliliters.
- Placed into secondary medium with combined weight of more than one gram, but less than four grams.
- Range of punishment is one to eight years.
- At least four grams, but less than twenty-eight grams of solid substance.
- At lest four milliliters of liquid substance, but less than twenty-eight milliliters.
- Placed into secondary medium with combined weight of more than four grams, but less than twenty-eight grams.
- Range of punishment is one to fifteen years.
Enhancements for Possession with Intent
It is also illegal to possess edibles with the intent to distribute. If convicted of possession with intent then the punishments are significantly increased. Conviction for possession with intent for edibles is punishable by five to thirty years. A second conviction and someone faces a range of punishment of ten to forty years.
Contact Newnan Defense Attorney
If you have been arrested for possessing marijuana edibles then don't face those charges alone. Contact us today, setup a consultation with Ryan and let him begin your defense. Don't Fight Alone.