THC Oil in Georgia – Felony or Misdemeanor?

In most places in Georgia, possession of a personal amount of Marijuana is a misdemeanor. Possession of less than an ounce of Marijuana is charged under O.C.G.A. 16-13-2(b). This statute refers to possessing the parts of the marijuana plant itself. But what about other forms of THC such as oil, resin, or wax that are extracted from the plant? These substances don’t fall under 16-13-2(b) and can be charged as a Schedule I felony. However, there is a potential way around getting charged with a felony for possession of THC Oil.

Low THC Oil

A little known statute, O.C.G.A. 16-12-191, governs the possession of “low THC oil.” This statute defines low THC oil as oil with less than 5% concentration of THC. Low THC is punished by a misdemeanor so long as the amount possessed is under 20 ounces. One interesting fact about this is that the GBI crime lab usually doesn’t provide an analysis of THC concentration. Thus, the prosecutor may not be able to prove the oil concentration even if the oil is above %5 concentration. In such a case, you may be able to negotiate a plea to a misdemeanor charge.

Bottom Line

Unlike a growing number of states, possession of marijuana remains a crime in Georgia. Furthermore, for most marijuana extracts, simple possession of any amount is a felony. If you are stuck with a felony THC charge, you may also consider applying for drug court. Talk with an experienced criminal lawyer today to discuss your best option. Contact us today for a free consultation!