Georgia criminal lawyer challenges marijuana law
The Georgia Supreme Court heard arguments yesterday from a Gwinnett County lawyer challenging the constitutionality of the law that prohibits the possession of less than one ounce of marijuana, a misdemeanor offense.
The Atlanta Journal Constitution has the story.
The constitutional challenge is based on the language of the statute which seems to make someone automatically guilty simply because they are charged with the crime - “Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor.” The obvious problem with that language is that it creates a presumption of guilt.
But the Georgia Supreme Court may not be persuaded to strike the law done just because it was poorly drafted. Such a decision could result in many other cases being reversed on appeal.
Our firm has represented many people charged with marijuana and other drug crimes in Georgia. We will closely watch this case. If the law is struck down, we may be able to people who were convicted or pleaded guilty to a violation of this statute.
