As you can see, the penalties for marijuana cultivation in Georgia are life changing. Not only is your freedom at stake, your bank account can be cleaned out and you will lose your driving privileges. You need an experienced drug-offense attorney on your side at a critical time like this.
Not everyone charged with marijuana cultivation has a field of pot plants growing in their backyard. In fact, you don’t even have to have any plants growing to be charged with this crime. Simply possessing the organic materials can lead to a marijuana cultivation charge. For example, it is illegal to own cannabis seeds or the lighting systems that can be used to grow marijuana plants indoors.
Depending on your state’s laws and how much marijuana you were found to be allegedly cultivating, you could also be facing an additional charge: drug trafficking. For example, in Georgia, if you are found with more than 50 pounds of marijuana plants, you can be slapped with a drug trafficking charge.
Benefits of an Attorney
In Georgia, it is against the law to possess, distribute, or grow marijuana. The charges for these crimes are serious and the penalties include jail time, probation, prison, and expensive fines. In addition to these consequences, your driver’s license will be suspended even if you are not driving a vehicle at the time of your arrest. This is why you’ll especially want to have a qualified Georgia defense attorney to make sure your rights are protected.
Georgia’s marijuana cultivation laws make it illegal for you to grow and possess certain plants or other organic materials that are used to produce marijuana. This means that if you are found with cannabis seeds, grow lighting systems, or marijuana plants, you will be charged with marijuana cultivation.
Georgia in particular has some tough penalties when it comes to drug trafficking—at least five years in prison and a $100,000 minimum fine for having between 50 and 2,000 pounds of marijuana. In addition to the amount of marijuana you were found with, the prosecution will also slap you with enhanced penalties if you were found growing marijuana near a school or other drug-free zones.
Marijuana Cultivation Laws
Cultivation and Drug Trafficking
The state will issue a maximum of six grow licenses. The total cannabis cultivation space in the whole state will come to a maximum 400,000 square feet, all inside greenhouses. That’s about nine acres.
“I think it’s really important for the industry, and for potential small business investors who are interested in this industry, to know that this is an economic development opportunity for Georgia, said Andrew Turnage, executive director of the Georgia Access to Medical Cannabis Commission.
Opponents think that medical cannabis will lead to something they oppose: recreational marijuana.
Up to four licenses will be issued for cultivation of up to 50,000 square feet. Up to two licenses will be issued for cultivation up to 100,000 square feet.
For about five years, Georgians who have a a medical cannabis card have been allowed to posses that liquid, but there’s never been any legal way to make it, buy it or sell it in this state.
O.C.G.A. §16-13-30(j) states it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. The definition of manufacturing marijuana applies to the cultivation or planting of marijuana. Hunt v. State, 222 Ga. App. 66, (1996).
Georgia Law on Manufacturing Marijuana
The police used an illegal stop: One defense available to you that your Manufacturing Marijuana Lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the marijuana. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that happens, your case will be dismissed based on a lack of evidence.
Defenses to Manufacturing Marijuana
Alternatively, Georgia allows for conditional release or diversion programs for people facing their first criminal prosecution. A conditional release is a program similar to probation where you have conditions set by a judge that you must satisfy for the charges to be dropped. Judges are more likely to order a conditional release it is the first drug offense for the accused, and it is a relatively minor case. The conditions could include requiring the accused to undergo a comprehensive rehabilitation program or medical treatment.