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  • Medical Marijuana Is Now Legalized in Georgia

    Written on April 22, 2015

    Last Friday, Georgia Governor Nathan Deal signed a bill legalizing medical marijuana in the state. The new law specifically legalizes the use of cannabis oil to treat a list of illnesses and conditions. Cannabis oil contains high levels of THC, which is the component of marijuana that produces the “high.”

    There will be an application process up and running in 30-60 days for those who wish to use cannabis oil. The list of conditions that are covered by the law are:

    • Lou Gehrig’s disease
    • Cancer
    • Crohn’s disease
    • Mitochondrial disease
    • Multiple sclerosis
    • Parkinson’s disease
    • Seizure disorders
    • Sickle cell anemia

    Although cannabis oil will be legal to use for those who pass the application process, it is still illegal in Georgia to cultivate, manufacture, or sell medical marijuana. That means those who wish to possess and use cannabis oil will have to obtain it elsewhere. That could pose other problems because possession of marijuana is illegal under federal law, and getting it somewhere else will mean transporting it across state lines which would fall under federal jurisdiction.

    If you are suffering from one of the above conditions and utilize cannabis oil for medicinal purposes, you must go through the application process. If you don’t, and are arrested for possession, you could be facing a long legal battle even though you are using the drug for medical reasons.

    The challenge going forward from a law enforcement stand point, as the new law takes effect, will be to determine who is permitted to have cannabis oil and who isn’t. There may also be individuals who try and take advantage of the system by producing counterfeit permits and applications.

    criminal defense attorneys kennesaw gaRecreational possession and use of marijuana remains illegal under Georgia law. The severity of a marijuana charge in the state depends on the amount found when a search is conducted. It is a misdemeanor to possess less than an ounce of marijuana. That could consist of having a joint or only having marijuana residue in your vehicle.

    If you arrested for having more than an ounce of marijuana, it could be a felony charge for possession  “with intent to distribute.” This is a much more serious charge that could mean serious jail time and years on probation. If you are facing a marijuana charge, whether it’s a felony or a misdemeanor, you should contact an attorney from The Silverbach Group today. A drug charge on your criminal history could have dire consequences when it comes to future employment. You don’t want to take on the legal system alone. You can reach us at 770-635-0334.

     

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