Over the past decade the legalization of marijuana has occurred in several states. The laws pertaining to the consumption and possession of marijuana in other states has also changed dramatically. Marijuana is not just a green leafy substance these days. You can now find it in chocolates, hard candies, gummy bears, waxes, drinks, oils, creams, and a variety of other sources that can be used to introduce THC into your body.
Edibles a Misdemeanor or Felony?
In Georgia, anyone caught in possession of the leafy green variety of marijuana will be charged with a misdemeanor as long as they are in possession of under one ounce of the drug. Anything over one ounce is considered a felony. With that said, what many people do not know is that possession of any product that has THC in it that is not of the leafy green variety is a felony. It does not matter if it is in the form of a wax, edible, drink or other substance, even if it was under an ounce. This type of possession is a violation of the Georgia Controlled Substances Act.
In addition to being charged with possession, if the THC is baked into a brownie or mixed into a beverage, or some other form, the officer will use the entire weight of the substance to determine the weight for your charges, not just the part that has THC in it. Because some of these substances can be heavy, possession of edibles can quickly lead to trafficking and intent levels of possession very quickly.
Your Best Defense
If you are arrested for possession of an edible, you need to be honest with your criminal defense attorney about how you were arrested. They will want to determine if there was an illegal search or seizure. An experienced attorney will also take a close look at the circumstances surrounding your arrest and may ask you these questions:
- Was the substance found on you, or was it in the car in which you were a passenger?
- Were you a guest in someone’s home and it was found in their home?
- Were you driving a borrowed car, or do you let someone else borrow your car?
- Do you share a purse, backpack, or tote of some kind with another person?
These are just a sampling of questions that an attorney may ask you when trying to create the best possible defense for your charges. So, be honest with your attorney. It is always better for your lawyer to know every possible detail ahead of time because the last thing that needs to happen is for the details to come out in the courtroom instead.
Contact an Experienced Criminal Defense Attorney Today
Police officers are now trained to look for possession of marijuana above and beyond the traditional green, leafy type. They are looking for distinct smells and edibles that might take the form of common substances that can be found without THC in them. If you find yourself being arrested for possession of an edible, it is important that you contact an experienced criminal defense attorney as quickly as possible. The attorneys at Lankford & Moore Law have years of experience helping our clients obtain the best possible outcomes for their charges, and we can help you too. Contact us today to schedule a consultation.