Possession of Marijuana in Gwinnett County

Possession of Marijuana in Gwinnett County and the State of Georgia:

There is a very important Georgia law that may apply to you if you are charged with possession of less than an ounce of marijuana in the State of Georgia.  
§ 16-13-2.  Conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes; dismissal of charges; restitution to victims
O.C.G.A. § 16-13-2 provides the opportunity for a Conditional Discharge for misdemeanor marijuana possession.  A prerequisite is that the person who is charged cannot have been convicted of any drug charge in any state.  The Court may "defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require, preferably terms which require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society."

The Important Factor:

Once you have completed all of the terms and conditions that the Court may require of you in return for allowing your case to be disposed of through the conditional discharge statute, your case will be dismissed and there will not be a guilty conviction on your permanent criminal history showing that you were convicted for possessing marijuana. You will be placed on probation while completing the terms that the court imposes.

You can read the entire statute on Conditional Discharge here: Dismissing a marijuana charge in the State of Georgia. 


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