Marijuana is a substance that can come in many forms. The leafy green cannabis that you smoke might be the most well-known, but there are many other ways that the cannabis sativa plant can be consumed. The legalization of marijuana in other states has paved the way for the development of huge variety of cannabis products. This includes everything from devices that disperse cannabis into a vapor to tinctures and oils that can be applied topically, allowing it to be absorbed by the skin.
One of the most popular ways to consume marijuana is the creation of cannabis edibles. This includes pot brownies, cannabis-infused gummies, and hash cookies. Edibles have experienced a dramatic rise in popularity across the United States, especially in states like Alaska, Colorado, New York, and Washington, where they are legal for purchase. According to one study, 46% of those polled and 93% of those in favor of legal marijuana said they would be willing to try cannabis edibles if they were made legal for purchase.
The rising popularity of cannabis edibles has made law enforcement more aware of their existence. This means that cops looking to make a marijuana-related arrest aren’t just on the lookout for bags of weed. They’re also keeping an eye out for brownies, gummies, cookies, and other edible goods that give off the distinct smell of concentrated marijuana. And despite what you might think, being caught with even one edible in Georgia can land you in a great deal of trouble.
Why is Possessing Edibles a Felony?
Georgia’s HB 213 bill has made it legal to sell cannabis products containing less than 5% tetrahydrocannabinol, or THC, the active ingredient responsible for cannabis’ effects. This means that is is perfectly legal to buy and sell products like low-THC CBD oil. However, any cannabis product containing more than 5% THC is still illegal in the state of Georgia.
Possessing less than one ounce of marijuana is a simple possession charge, which is considered a misdemeanor, while possessing more than one ounce of marijuana is a felony charge. However, these stipulations apply only to leafy green marijuana. For any other form of cannabis product, the penalties for possessing even a small amount are much harsher.
In order to create cannabis edibles, you have to render the cannabis plant into oil or butter, concentrating it to the point where it is no longer recognizable as a plant product. And according to Georgia law, any type of drug that contains more than 5% THC and no longer looks like weed is a Schedule I controlled substance. Being caught with a Schedule I substance will always lead to a charge of felony possession.
The nature of edibles can land you in even more legal trouble. There are three tiers of punishment for possession of a schedule I substance in Georgia, and they depend on the total weight of the substance, regardless of the percentage of THC it actually contains. This means that under Georgia law, possession of a one-ounce bag of cannabis-infused gummy bears is a crime punishable by up to fifteen years in prison.
Possessing edibles with the intent to sell can land you in even more trouble. If you are caught selling cannabis edibles in Georgia, you could be looking at up to thirty years in jail. A second conviction could mean up to forty years in jail.
If you have been arrested for the possession of marijuana edibles, now is not the time to go it alone. Possessing even one edible is considered a serious drug offense under Georgia law, and that is not the type of charge you want to face on your own. Contact the Don Turner Legal Team today and see how we can help you with your case.