How to Defend Against Marijuana Possession Charges in Georgia
If you’ve been charged with possession of marijuana in Georgia, you may feel overwhelmed by the severity of the offense and the potential penalties.
Under Georgia law, Georgia Code Title 16, possession of marijuana is a serious crime, and a conviction can lead to significant fines, imprisonment, and a permanent criminal record.
However, there are several possible defenses that could help you fight the charge or minimize the consequences.
As Georgia possession of marijuana lawyers, we wanted to write a blog post examining 50 defenses to a possession of marijuana charge, along with an analysis of each defense.
Keep in mind that the success of each defense depends on the specific facts of your case and the expertise of your criminal defense attorney.
1. Lack of Knowledge
Analysis: If you didn’t know that the marijuana was in your possession, you cannot be convicted. For example, if someone else placed the marijuana in your bag or car without your knowledge, this could be a defense.
2. Illegal Search and Seizure
Analysis: The U.S. Constitution protects individuals from unreasonable searches and seizures. If law enforcement officers searched you, your vehicle, or your property without a warrant or probable cause, any evidence obtained could be inadmissible.
3. No Possession
Analysis: To be convicted of marijuana possession, the prosecution must prove that you had control over the marijuana. If you didn’t have actual or constructive possession, the charge could be dismissed.
4. Unlawful Traffic Stop
Analysis: If law enforcement stopped you without reasonable suspicion or probable cause, any evidence obtained during that stop might be excluded from trial.
5. No Probable Cause for Arrest
Analysis: If you were arrested without probable cause, the arrest may be deemed unlawful, and any evidence of marijuana possession could be suppressed.
6. False Accusation
Analysis: You may have been falsely accused of possessing marijuana. If the accuser is unreliable or has a motive to lie, your defense attorney can challenge their testimony.
7. Involuntary Possession
Analysis: If you were forced to possess marijuana against your will (e.g., under duress), this could be a valid defense.
8. Consent to Search Was Revoked
Analysis: If you initially consented to a search but later revoked that consent before the marijuana was discovered, the evidence could be suppressed.
9. Possession for Personal Use (Quantity Defense)
Analysis: Possessing marijuana for personal use, as opposed to with the intent to distribute, may lead to lesser charges or penalties, especially if the quantity was small.
10. Improper Chain of Custody
Analysis: If the prosecution cannot prove a proper chain of custody for the marijuana evidence, the evidence may be inadmissible.
11. Mistaken Identity
Analysis: If the police wrongly identified you as the person in possession of marijuana, you may have a defense based on mistaken identity.
12. Entrapment
Analysis: If law enforcement officers induced or coerced you into committing a crime you would not have otherwise committed, this could be a valid defense.
13. Lack of Intent
Analysis: To be convicted of possession, you must have had the intent to possess marijuana. If you were unaware of the marijuana's presence or did not intend to possess it, the prosecution may fail to meet its burden.
14. Miranda Rights Violation
Analysis: If you were not properly advised of your Miranda rights during an arrest, statements you made could be excluded from evidence.
15. Failure to Prove Ownership
Analysis: If the prosecution cannot prove that the marijuana belonged to you or that you had control over it, the charge may be dropped.
16. No Evidence of Marijuana
Analysis: The prosecution must present clear evidence that the substance was indeed marijuana. If there is a lack of physical evidence or the marijuana was improperly tested, the charge may be dismissed.
17. Illegal Search Warrant
Analysis: If a search warrant was used to obtain evidence of marijuana possession and it was improperly obtained or lacked probable cause, the evidence could be thrown out.
18. Possession Was Not on Your Person
Analysis: You can only be convicted of possession if the marijuana was found on your person or in your immediate control. If marijuana was found in someone else’s vehicle or home, this defense may be applicable.
19. Exclusion of Evidence from an Improper Search
Analysis: If marijuana was found as a result of an illegal search (without a warrant or probable cause), the evidence could be excluded from court.
20. Drug Test Error
Analysis: Errors in drug testing can lead to incorrect results. If the marijuana was improperly tested or there was a mistake in the lab, it can create reasonable doubt about the evidence.
21. Unreliable Testimony
Analysis: If the arresting officer or a witness is unreliable or has a history of dishonesty, their testimony may be challenged in court.
22. Lack of Probable Cause for Search Warrant
Analysis: If law enforcement failed to establish probable cause in a search warrant application, any evidence obtained may be inadmissible.
23. Marijuana Belonged to Another Person
Analysis: If the marijuana belonged to someone else and you had no knowledge or control over it, you may not be liable for possession.
24. No Clear Connection to the Marijuana
Analysis: To prove possession, the prosecution must show a connection between you and the marijuana. If there’s no clear connection, the charge may be dropped.
25. Marijuana Was Not in Your Control
Analysis: Constructive possession requires that you had control over the marijuana, even if it wasn’t on your person. If you had no control, you cannot be convicted.
26. Marijuana Was Not Found in a Public Place
Analysis: If the marijuana was found in a private area where you had a reasonable expectation of privacy (e.g., your home or car), the search may have been unconstitutional.
27. Mistaken Belief That the Substance Was Legal
Analysis: If you were unaware that the substance was marijuana or thought it was a legal substance, this could be used as a defense.
28. Unlawful Detention
Analysis: If law enforcement officers detained you without cause or beyond a reasonable period, this could violate your rights and may provide grounds for dismissal.
29. Exclusion of Evidence Due to Inconsistent Testimony
Analysis: If the testimony of law enforcement officers or witnesses is inconsistent, it could create reasonable doubt about the validity of the charge.
30. Possession Was in a Joint Location
Analysis: If marijuana was found in a shared location (e.g., a car with multiple people), it may be hard for the prosecution to prove that you specifically possessed it.
31. Involvement in a Legal Medical Marijuana Program
Analysis: If you are a medical marijuana patient in Georgia and you possess marijuana legally under the state's medical marijuana laws, you can assert this as a defense.
32. Possession with a Prescription
Analysis: If you possess marijuana under a valid prescription or medical order (in states where medical marijuana is legalized), it is a defense to the charge.
33. No Evidence of Distribution
Analysis: If there’s no evidence that you intended to distribute the marijuana (e.g., large amounts, packaging materials), the charge may be reduced to simple possession.
34. No Proof of Intent to Sell
Analysis: If the prosecution cannot prove that you intended to sell or distribute the marijuana, it may reduce the charge to simple possession.
35. Defective Criminal Complaint
Analysis: If the criminal complaint or charging document is incomplete, inaccurate, or defective, it may be dismissed.
36. Possession Due to Improper Supervision
Analysis: If you were under the supervision of a third party (e.g., a guardian or adult), and they were responsible for the marijuana, this can be a defense.
37. No Evidence of Public Possession
Analysis: Possession in a public place can aggravate the charge. If the marijuana was found on private property, it may lead to a lesser penalty.
38. Marijuana Was in a Private Space
Analysis: A defense could be that the marijuana was found in a private location where you had a reasonable expectation of privacy, such as your home.
39. Marijuana Was Given to You
Analysis: If someone gave you the marijuana without your knowledge or consent, you may not be guilty of possession.
40. Insufficient Evidence
Analysis: If the prosecution fails to provide enough evidence linking you to the marijuana, your attorney may argue for a dismissal.
41. Involuntary Intoxication
Analysis: If you were intoxicated involuntarily (e.g., someone spiked your drink) and did not know you were in possession of marijuana, this could serve as a defense.
42. Possession Due to Mistaken Intent
Analysis: If you didn’t realize you were in possession of marijuana or thought it was something else entirely, it may be used as a defense.
43. Public Authority Defense
Analysis: If you were acting under the direction or authority of a law enforcement officer or other public official, you may have a valid defense.
44. Violation of Statutory Rights
Analysis: If law enforcement violated your statutory rights (e.g., by failing to follow procedures), this could lead to the suppression of evidence.
45. Medical Necessity
Analysis: If you possess marijuana for medical reasons (e.g., pain management) and the situation justifies its use, this could be a valid defense.
46. Involvement in a Rehabilitation Program
Analysis: If you are actively involved in a substance abuse treatment program, this may be considered in your defense.
47. No Evidence of Packaging or Distribution Materials
Analysis: If there is no evidence of distribution or intent to distribute (e.g., no scales, bags, or large quantities), you may avoid a more severe charge.
48. Lack of Valid Consent for Vehicle Search
Analysis: If you did not consent to a search of your vehicle and no probable cause was present, any marijuana found during the search could be inadmissible.
49. Coercion or Threats
Analysis: If you were coerced or threatened into possessing marijuana, this could be a defense to the charge.
50. Police Misconduct
Analysis: If law enforcement officers used excessive force, violated protocol, or acted in bad faith during your arrest, any evidence may be challenged.
Georgia Marijuana Attorney
Being charged with possession of marijuana in Georgia is a serious matter that can have lasting consequences, but it’s important to remember that you have rights and legal defenses available to you.
With the marijuana possession lawyers at The Sherman Law Group, we guide you to the right legal strategy. From lack of knowledge and illegal searches to medical necessity and mistakes in the arrest process, there are numerous defenses that could apply to your situation.
If you've been charged with marijuana possession in Georgia, you don’t have to face this challenge alone. Contact our experienced criminal defense team today to schedule a consultation.
We will thoroughly review the details of your case, identify the best defenses for your situation, and fight tirelessly to protect your rights and future.
Don't wait – your future is at stake. Call us now and take the first step toward resolving your case with the strong legal representation you deserve.