In the absence of comprehensive reform, the Georgia legislature should pursue the decriminalization of cannabis in order to reduce the number of Georgians being arrested and incarcerated for minor possession.
The vast majority of arrests and charges that result in incarceration in a local or state correctional facility are the result of low-level misdemeanor possession.
Statewide Decriminalization
Statewide decriminalization could take a variety of forms, dependent upon the decisions of the legislature. The state is allowed to dictate what represents misdemeanor or felony possession, and determines the punishments for both.
Existing Law
Currently, misdemeanor possession represents one ounce or less of marijuana. The penalty is up to a $1000 fine and 12 months in jail.
Felony possession is defined as possessing more than one ounce. Even one bit over an ounce and a misdemeanor turns into a felony with heightened punishment. The same is true for the sale, manufacture, distribution, or possession with intent to sell of marijuana: all are a felony.
The penalty for felony possession is no less than one year and no more than ten years. Get charged with a compounding offense or get arrested in the wrong location (e.g. a drug-free zone) and the penalty could turn into more than a decade.
What does “decriminalization” actually mean?
Decriminalization would mean that low-level possession of cannabis, i.e. misdemeanor possession, is to be punished by a fine and no term of imprisonment or incarceration.
This means people would pay a fine for breaking the law and not end up in jail. Instead of arrest, a police officer would issue a citation. This means someone is not arrested and are instead “released on their recognizance” meaning they can go on their way, with the promise to appear at their court date, similar to traffic citations. Someone who wishes to contest the charge can do so in court or they can admit guilt, pay the fine, and move on.
It means someone won’t have to miss work or picking up their kids from school. They won’t have to be processed through our jail and court systems and they won’t be incarcerated in a correctional facility by a local government or the state. they won’t have to be transferred around by law enforcement agencies, and they can continue to be a contributing member of our community.
It does not mean that possession or sale of cannabis is authorized under the law.
What We Propose (State Level)
- We propose that misdemeanor possession of marijuana be punished by no more than a $150 fine with no period of imprisonment.
- We propose that possession of two ounces or less of marijuana would represent a misdemeanor.
- We propose the possession, sale, manufacture, distribution, or possession with intent to distribute of only more than two ounces would represent a felony.
- We propose reducing the maximum punishment for a felony marijuana conviction to imprisonment for no more than five years.
Local Harm Reduction Efforts
Additionally, cities and counties have the power to act locally to reduce the penalties for low-level possession of marijuana so that it does not result in increased incarceration within their jurisdiction. Several communities have already taken measures to ensure residents are not arrested or put in jail for basic possession. We will continue to support local reforms on this issue until the state legislature takes decriminalization statewide.
By September 2019, almost 1.2 million Georgians (11.3 % of the state’s population) live in a community that has eliminated arrest for low-level possession of marijuana.
Reform Georgia
A growing number of Georgia communities have taken action:
- Clarkston: City of Clarkston was the first city in the state of Georgia to pass a harm reduction ordinance in July 2016. Their political leadership was a trailblazer on this issue.
- Atlanta: In October 2017, City of Atlanta passed a harm reduction ordinance reducing the penalty for cannabis possession of less than one ounce to a $75 fine.
- Savannah: The coastal City of Savannah passed a harm reduction ordinance in February 2018 but set the the fine at a higher rate of $150. It quickly began to work, with citations preventing people from being arrested and taken to jail.
- South Fulton: The City of South Fulton became a new city and was quick to pass harm reduction in March 2018. They are also fining $150.
- Fulton County: After City of Atlanta and City of South Fulton took measures, the Fulton County commission passed a similar measure in June 2018 to apply to all of unincorporated Fulton County.
- Forest Park: In June 2018, City of Forest Park adopted a harm reduction ordinance and become
- Statesboro: In December 2018, City of Statesboro voted to reduce the penalties for cannabis possession to a fine up to $500 or the equivalent in community service, with no jail time.
- Kingsland: In September 2018, City of Kingsland adopted a harm reduction ordinance with a fine of $150.
- Fairburn: Adopted harm reduction in early 2019 to little fanfare. Few articles exist.
- Macon-Bibb County: In May 2019, the consolidated city-county government of Macon-Bibb passed a harm reduction ordinance that reduced the penalty and eliminated arrest.
- Augusta-Richmond County: In August 2019, the consolidated city-county government adopted a reduced penalty and eliminated jail time.
- Chamblee: In September 2019, Chamblee adopted a harm reduction ordinance with a reduced fee structure and eliminated arrest and jail time.