Georgia Marijuana Defense Attorney

Charged with a marijuana crime in Georgia? While recreational and medical cannabis laws are changing across the country, you can still face harsh criminal penalties in Georgia if you’re caught in possession of marijuana or other THC substances. The criminal law attorneys of Fennell, Briasco & Associates™ provide high-powered legal defense to fight back against marijuana charges. If you have been recently arrested, cited, or charged with a marijuana crime, contact us today at (770) 956-4030 for a FREE legal consultation.

Your Story Matters at Fennell, Briasco & Associates™

For so many clients, marijuana charges aren’t a true representation of their character. There are thousands of adults that responsibly use marijuana across the metro Atlanta area. These are friends, family members, coworkers, and neighbors. In many cases, an unexpected traffic stop or police encounter can turn south. Suddenly, you’re hit with charges of marijuana possession or even possession with intent to distribute.

We understand the emotional stress that an arrest can have on your personal, professional, and family life. Our mission is to help you get back on your feet. We strive to pursue every legal avenue to defend you against marijuana charges, including strategies like: dropped charges, reduced charges, dismissal of charges, conditional discharge, pretrial diversion, community service, and other alternatives to help you avoid jail time and other severe criminal penalties.

Understanding Georgia Marijuana Laws

There are many factors that can affect the type of marijuana charges brought against you. For instance, all of the following factors can play an important role in your marijuana arrest: the quantity of cannabis, the concentration of THC, the location of the arrest (e.g., near a school, park, or drug free zone), your age, and the presence of other drug-related evidence.

Common marijuana charges in Georgia include:

  • Possession of Marijuana Under 1 ounce: Under Georgia law, marijuana possession under one ounce is classified as a misdemeanor crime that is punishable by up to 1 year in jail and up to a $1,000 fine. It is important to note that some cities and counties have enacted ordinances to decriminalize small amounts of marijuana possession, so you should always check with a lawyer about the particular laws or regulations that affect you. Possession charges for small amounts of marijuana come in many shapes and sizes, like having a joint stuffed in your pocket or a small container of weed zipped up in your backpack.

  • Possession of Marijuana Over 1 ounce: Possession of marijuana in an amount greater than 1 ounce is classified as a felony under Georgia law. This criminal offense is punishable by a prison sentence of 1-10 years and up to a $5,000 fine. Even if used for your own personal consumption, possessing marijuana in this amount can have serious criminal consequences. If you’re caught or arrested with over an ounce of marijuana, always speak with a lawyer about the legal strategies that can minimize your charges.

  • Possession of Marijuana with Intent to Distribute: Classified as a felony, the possession of marijuana with intent to distribute can carry a prison sentence of 1-10 years and up to a $5,000 fine. Charges of possession with intent to distribute are usually brought in cases that involve less than 10 pounds of marijuana, while cases that involve greater than 10 pounds of marijuana usually result in trafficking charges.

    To be convicted of possession with intent to distribute, the prosecutors don’t need direct evidence of you selling or delivering marijuana. Instead, law enforcement can infer your intent to sell the product by the presence of (i) large quantities of marijuana, (ii) plastic baggies or other containers for distribution, (iii) a digital scale, (iv) large amounts of cash, (v) sales ledgers or records, or (vi) other evidence that might indicate the distribution of narcotics.

    In many cases, these charges are brought by police in an attempt to give you the toughest sentence possible, even though the charges might be dropped due to insufficient evidence. For more information about defending against these charges, contact the attorneys at Fennell, Briasco & Associates™ today.

  • Possession of Hash or THC Concentrates: Rather than smoking combustible marijuana buds, alternative methods for consuming THC are becoming more popular across the North Metro Atlanta area, including: (1) edibles, like pot brownies or THC gummies; (2) hashish, wax, and concentrates; (3) vape pens and oil cartridges; (4) liquid tinctures; and even (5) topical ointments, lotions, and creams. Unfortunately for many residents, Georgia law harshly criminalizes possession of these substances. Possession of any amount is generally classified as a felony, even for less than 1 gram of solid substances or 1 milliliter (ml) of liquid substances. Though consumption of THC substances might seem harmless, they can carry strict criminal penalties including a prison sentence of 1-3 years and a fine of up to $5,000. Always consult an attorney about your criminal charges and whether there are any legal protections in your case.
  • Paraphernalia: You could be charged with misdemeanor paraphernalia if you are caught in possession of any of the following items: bongs, bowls, pipes, rolling papers, grinders, vaporizers, vape pens, roach clips, digital scales, or containers to conceal or hide marijuana. Under Georgia law, paraphernalia is a misdemeanor charge that can carry a $1,000 fine and up to 1 year of jail time. Defendants often receive paraphernalia charges in addition to one of the marijuana charges above.
  • Other Marijuana Charges: There are dozens of criminal offenses in Georgia that relate to the possession, use, and distribution of marijuana. Depending on the facts of your case, you might receive charges for the following cannabis-related offenses: cultivation or manufacture of marijuana; sale or delivery of marijuana; and driving under the influence (DUI) of marijuana. The team at Fennell, Briasco & Associates™ is prepared to represent you in a wide range of Georgia drug charges. Contact us today for a FREE consultation about your case.

Fighting GA Marijuana Charges

At every step of your case, the attorneys at Fennell, Briasco & Associates™ will fight to get you the best outcome in avoiding jail and other harsh criminal penalties. With decades of experience in Georgia courts, our criminal defense attorneys know the legal strategies that can best help you in keeping a clean record. We examine every legal strategy in a marijuana case, striving to help our clients achieve results like:

  • Conditional discharge
  • Marijuana expungement and record restriction
  • First offender sentencing
  • Pre-trial diversion
  • Probation in lieu of jail time

Our Service Area

If you have been arrested for a marijuana crime in Georgia, it’s time to partner up with one of the strongest names in criminal defense. The team at Fennell, Briasco & Associates™ is available now at (770) 956-4030 for a legal consultation about your marijuana charges. We proudly serve clients across the North Metro Atlanta area, including:

Bartow County


Cherokee County

Holly Springs

Cobb County


Dekalb County

Avondale Est
Stone Mountain

Forsyth County


Fulton County

Johns Creek

Paulding County


Pickens County

Marble Hill
Talking Rock



(770) 956-4030