Hot Criminal Defense Issue in Georgia:defense of Charge of Possession of Marijuana and Proof
1) This is attorney Byron Morgan.
2) A relatively new state law affects prosecutions of Possession of Marijuana cases in Georgia:
Because of a recent change in the law defining hemp as any cannabis plant containing less than .3% THC, the prosecution is having trouble proving possession of marijuana. They now have to prove that any supposed marijuana has more than .3% THC.
3) Why is this a problem for the prosecutors?
The GBI labs, which process almost all of the material suspected to be marijuana that is tested in the state, don't have the equipment to test levels of THC. Such equipment does exist, but it is fairly expensive.
4) How does this help someone charged with Possession of Marijuana?
Until the state gets the capability to process and test suspected marijuana for THC levels, it will be very difficult to prove that the material is marijuana and not just hemp.
5) How long will this advantage last for someone charged with Possession of Marijuana?
No one knows how long this advantage will last for someone charged with Possession of Marijuana. However, the GBI is indicating that once they do receive the machines and have some of their personnel trained to operate those machines, they will begin to test suspected marijuana starting with cases in which there are large amounts of marijuana.
6) What should you do?
Contact an attorney and discuss your case. Carefully consider your options before pleading guilty.