Major Interstate Illegal Marijuana Seizure

Authorities intercepted a shipment containing 1,800 pounds of marijuana in Butts County on Tuesday, August 25, according to Sheriff Gary Long.

The shipment originated in Sacramento, California, and Long said about half was bound for Atlanta, while the other half was headed to Orlando, Florida.

“The illegal marijuana trade does not stop at the state line,” Long said. The sheriff’s office did not disclose where or how authorities intercepted the shipment. Officials also did not announce any arrests, identify possible suspects or say what charges could be filed.

Long used the seizure to urge Georgia lawmakers to carefully consider the experiences of states that have legalized marijuana. He argued that legalization and regulation alone would not eliminate illegal sales because criminal organizations can avoid the taxes, licensing fees and other expenses paid by legal businesses.

“This isn’t simply the legal marijuana industry supplying these illegal markets. Mexican drug-trafficking organizations and other criminal organizations continue to move enormous quantities of marijuana across state lines, undercutting legitimate growers and businesses operating within the legal system,” Long said. “Our legislators need to understand that you will never completely stop or eliminate the black market simply by legalizing and regulating marijuana. In fact, without addressing the criminal organizations behind the black market, you may only make that market stronger and more powerful and create black-market organizations in every state that legalizes it, just as we are seeing today.”

The sheriff’s office did not say the intercepted shipment was connected to a cartel or any specific criminal organization.

Marijuana Laws and Attitudes in Georgia

We can’t hope to end the marijuana legalization debate in this space. But we can shed some light on the differing perspectives and measure how those perspectives affect juror attitudes and therefore case outcomes.

Legalization proponents have public opinion on their side. As many as two-thirds of Americans say they support both medicinal and recreational marijuana use. Put another way, as many as two-thirds of Americans don’t believe marijuana possession should be illegal. Usually, these individuals are also ambivalent about marijuana trafficking, unless that trafficking is connected to a cartel or another group of “bad guys.”

Legalization opponents have inertia on their side. Marijuana is illegal now. Additionally, legalization opponents include special interest groups, such as law enforcement agencies, criminal justice organizations (probation departments, etc.), and pharmaceutical companies.

Curiously, even many legalization opponents don’t believe marijuana is a criminal justice issue. They believe it’s more of a health and safety issue. Therefore, even if the state can prove all the elements of a possession or trafficking case (and that’s a pretty big “if”), a Marietta criminal defense lawyer still has the upper hand during settlement negotiations.

Marijuana Possession Charges in Georgia

This dynamic is important because being charged with marijuana possession in Georgia can have serious consequences, even when the amount involved is relatively small (i.e. one or two joints).

Possession of one ounce or less of marijuana is generally a misdemeanor under O.C.G.A. § 16-13-2(b). Possession of more than one ounce can result in significantly more serious consequences.

Georgia courts almost exclusively rely on the usable quantity of marijuana when determining whether a marijuana possession offense should be treated as a misdemeanor or felony. Other circumstantial evidence, such as baggies or guns, is usually irrelevant in possession cases.

Common Defenses to Marijuana Possession Charges

A Georgia criminal defense attorney may examine several potential defenses when challenging a marijuana possession charge.

• Challenging the Search and Seizure: If law enforcement officers find marijuana during a search, the circumstances surrounding that search can be critical. If officers violated constitutional protections, a Marietta criminal defense lawyer can get that evidence suppressed.
• Disputing the Amount: The amount of marijuana can affect the severity of the charge. Law enforcement technicians often add adulterants, dilutants, residue, and usable marijuana together. The first three categories don’t count.
• Challenging the Evidence: Police reports, laboratory tests, witness statements, body-camera footage, and the chain of custody can all become important in a marijuana possession case. Weaknesses or inconsistencies in the evidence may create reasonable doubt.
• Disputing Possession: Prosecutors generally must establish that the defendant knowingly possessed the marijuana. Possession can be actual or constructive. Constructive possession requires proof that a person knew about the marijuana and could exercise exclusive control over it.

This argument comes up a lot in vehicle and house party possession cases. Everyone in the passenger area is close to the marijuana, but not everyone “possesses” it.

How a Georgia Criminal Defense Attorney Can Challenge Marijuana Charges

Many defendants think marijuana possession cases are easy to handle. But defending marijuana possession in Georgia requires more than simply arguing that marijuana is legal in other states. Georgia law is different, and the outcome of a case can depend on the facts surrounding the arrest, the amount allegedly possessed, the legality of the search, and the defendant’s prior record.

An experienced Marietta criminal defense attorney reviews the circumstances of the arrest, identifies potential constitutional violations, challenges questionable evidence, and determines whether dismissal, suppression of evidence, negotiation, or trial may be appropriate.

Marijuana Trafficking Charges in Georgia

A marijuana trafficking charge in Georgia is a serious felony that can result in substantial prison time and significant fines. Under O.C.G.A. § 16-13-31, trafficking in marijuana generally involves selling, manufacturing, growing, delivering, bringing marijuana into Georgia, or possessing more than 10 pounds. The potential penalties increase substantially as the quantity increases.

In many states, giving a joint or gimmie to a friend or co-worker could be drug trafficking. But in Georgia, because of the ten-pound requirement, these “transfer trafficking” matters are simple possession cases. These cases are very hard to prove if law enforcement officers catch the participants in flagrante delicto (red-handed), because in that situation, neither participant has exclusive control over the marijuana.

Regardless of the weight, in a marijuana trafficking case, the state must prove all elements of possession, as outlined above.

The marijuana’s weight may be an even more critical issue. Georgia’s trafficking penalties depend on the quantity involved. Testing procedures, weighing methods, and the chain of custody may therefore become important issues.

Beyond the quantity itself (no one needs ten pounds of marijuana for personal use), prosecutors often rely on baggies, guns, scales, and other such circumstantial evidence. This evidence is usually inadmissible in possession cases and relevant in trafficking cases.

It’s a brave new world for marijuana possession and trafficking cases. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Virtual, home, and jail visits are available.