Atlanta, GA asked in Criminal Law and Traffic Tickets for Georgia

Q: I was pulled over in Fayetteville Georgia because he said my light bar was illegal to have on ( I have a Jeep Wrangler).

He claimed he smelled marijuana in which I presented my weed vape, went on to search my car and found a little over a ounce in my backpack. I’m a 100% rated veteran and have explained to both the VA and Social Security that I consume marijuana for my injuries. What can I do about this felony charge and is there a way for me to obtain a medical marijuana card? Also wasn’t read Miranda rights.

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2 Lawyer Answers
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I understand your frustration however, marijuana is not legal in the state of georgia. Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which will prove that they are authorized to have the oil and protect them from arrest. This is a new law. You have been stopped with the possible marijuana plant which is not legal under this statute, thus although your reasoning is valid and it is legal in other states it is not legal in Georgia yet. Thus, you will need an attorney to represent you. I would suggest not leading with the medicinal marijuana argument without speaking to an attorney first. I hope it helps

Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I understand your frustration however, marijuana is not legal in the state of georgia. Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which will prove that they are authorized to have the oil and protect them from arrest. This is a new law. You have been stopped with the possible marijuana plant which is not legal under this statute, thus although your reasoning is valid and it is legal in other states it is not legal in Georgia yet. Thus, you will need an attorney to represent you. I would suggest not leading with the medicinal marijuana argument without speaking to an attorney first. I hope it helps

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