Senate · Introduced · 2025-2026 Regular Session

SB 558: Controlled Substances; possession of certain quantities of marijuana constitute a misdemeanor; provide

Last action February 25, 2026 · Senate Read and Referred

Senate Bill 558 would raise the amount of marijuana that counts as a misdemeanor in Georgia from one ounce to three ounces, replacing jail time with fines or community service for most first-time possession cases.

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In plain language

Under current Georgia law, possessing one ounce or less of marijuana is a misdemeanor punishable by up to 12 months in jail, a fine of up to $1,000, or public works. Possessing more than an ounce is treated as a felony drug offense under Georgia's controlled substances law (O.C.G.A. § 16-13-30). Senate Bill 558 would raise the misdemeanor threshold to three ounces and remove jail time as a punishment option for most cases, replacing it with fines and community service. The bill creates tiers: possession of half an ounce or less would carry a fine of up to $300 or up to 250 hours of community service. Possession of more than half an ounce up to three ounces would carry a fine of up to $1,000 or up to 500 hours of community service for a first, second, or third offense, escalating to a more serious misdemeanor ("high and aggravated") on a fourth or later offense. Felony charges under O.C.G.A. § 16-13-30 would now apply only to possession of more than three ounces or possession with intent to distribute. The bill also updates cross-references throughout Georgia's court, criminal procedure, and municipal court laws to reflect that simple marijuana possession up to three ounces is now handled entirely under the misdemeanor statute rather than the felony trafficking statute.

What the bill does

Raises the amount of marijuana treated as a misdemeanor (a lesser criminal offense) from one ounce to three ounces.
Removes jail time as a punishment for possessing half an ounce or less, setting a fine of up to $300 or up to 250 hours of community service instead.
Sets fines of up to $1,000 or up to 500 hours of community service for possessing between half an ounce and three ounces, for a first through third offense.
Makes a fourth or later conviction for possessing between half an ounce and three ounces a more serious misdemeanor called 'high and aggravated'.
Narrows the felony marijuana charge under O.C.G.A. § 16-13-30 to apply only to possession of more than three ounces or possession with intent to distribute.
Updates references in state court, probate court, magistrate court, and municipal court laws to match the new three-ounce misdemeanor threshold.

Who it affects

People who possess small amounts of marijuana in Georgia, defense attorneys and prosecutors handling these cases, state and municipal court judges, probate and magistrate courts that hear misdemeanor drug cases, and law enforcement officers who charge marijuana possession offenses.

Why it matters

More people caught with marijuana would face fines or community service instead of felony charges or jail time, since the misdemeanor threshold triples from one ounce to three ounces. Repeat offenders holding between half an ounce and three ounces could still face an enhanced misdemeanor after a fourth conviction.

Key provisions

Section 1-1 rewrites O.C.G.A. § 16-13-2(b) to make possession of three ounces or less of marijuana a misdemeanor, tiered by weight and prior convictions, and removes imprisonment as a penalty for these amounts.
Section 1-2 updates the medical amnesty law (O.C.G.A. § 16-13-5) so the drug-overdose immunity protection now covers possession of up to three ounces of marijuana instead of less than one ounce.
Section 1-3 revises O.C.G.A. § 16-13-30(j) so the felony marijuana offense applies only to possession of more than three ounces or possession with intent to distribute, punishable by one to ten years in prison.
Section 2-1 through 2-6 update jurisdiction language in state courts, probate courts, and magistrate courts (O.C.G.A. §§ 15-7-4, 15-9-30.6, 15-10-260, 17-7-72) and firearm-crime cross-references (O.C.G.A. § 16-11-106) to reflect the new three-ounce misdemeanor threshold and remove outdated references to the felony statute for simple possession.
Section 2-7 amends municipal court jurisdiction (O.C.G.A. § 36-32-6) so municipal courts can try misdemeanor marijuana possession cases under the new three-ounce standard, and defendants keep the right to move their case to a county court.

From the bill

“It shall be unlawful for any person to possess or have under his or her control three ounces or less of marijuana.”
This sets the new upper limit for what counts as simple, non-felony marijuana possession in Georgia.

“Upon the fourth and each subsequent conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.”
Repeat offenders with between half an ounce and three ounces face an enhanced misdemeanor after a fourth conviction.

Status timeline

2026-02-25Senate Read and Referred (Senate)
2026-02-24Senate Hopper (Senate)

Topics

marijuana possession
criminal justice reform
drug penalties
Georgia courts
misdemeanor law

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