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Georgia Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: I have a DUI and a marijuana charge I have an arraignment tomorrow I don't have a lawyer so how should I plead.
Sam McRae
Sam McRae answered on Jun 9, 2021

Depending on the court, you may be able to ask for more time to consult an attorney. If you qualify, you may consider applying for a public defender. Don't wait to consult an attorney on your case because certain deadlines will begin passing and put you in a disadvantageous position.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Does a 'Felony' come off of someone's record after a certain period? Can a marijuana sell/distribution be expunged?

In 2007, I was charged with a Drug Felony for Possession/Manufacturing/Sell/Distribution of Marijuana in Douglas County. They (Police) actually Kicked our doors in while I was @ work. I was called and had to leave out of surgery. When me and my mother got there; They had already left with my... Read more »

Meg Strickler
Meg Strickler answered on Dec 11, 2020

Unfortunately, in Georgia, you can no longer expunge your record. The new term is "restriction" and your case doesn't qualify for restriction. So, it will remain on your record.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Probate for Georgia on
Q: If I smoked weed before being put on probation can I go to jail still?
Seth Meyerson
Seth Meyerson answered on Sep 28, 2020

Conduct that occurred before your sentence cannot be validly used to violate your probation.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a

Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 17, 2020

It was legal for the policeman to check his license and to ask him to get into his car. Since he was illegally parked, that was enough to “stop” him.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: 1st offender charge w traf. Pot possible time? Is cbd same? Can age be a factor? 76 yr old. In GA
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 11, 2020

The answer is it depends. More information is needed about your case before a definitive answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you...
Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: What should I do for a pending court date for a misdemeanor charge of weed in McDuffie co , Thomson Ga
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 25, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240–0922.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Is getting weed for a couple friends considered “drug dealing” or sale of marijuana? I live in Georgia.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

The answer is yes. Violation of the Georgia Controlled Substances Act (VGCSA) can carry a potential penalty of 2 to 15 years in prison for a first offense and 5 to 30 years in prison for a second and subsequent offense. Commonly, a VGSCA crime refers to Possession of Marijuana. For this reason, it... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend has 3 possession charges, no tag, and taking drugs/ weapon beyond guard line. However he wasn’t driving

In addition one possession charge was for weed and he does admit too having the weed because it was his, but the other drug wasn’t.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 18, 2020

It is unclear what your question is. Please resubmit your question, and I or one of my colleagues will be glad to assist you.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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