--- title: SB 558. Controlled Substances; possession of certain quantities of marijuana constitute a misdemeanor; provide collection: bills id: 2025-2026/sb558 cite_as: SB 558, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb558 md_url: https://georgiacommons.org/bills/2025-2026/sb558.md text_url: https://georgiacommons.org/bills/2025-2026/sb558/text source_url: https://www.legis.ga.gov/legislation/73541 date: 2026-02-25 status: introduced corpus_version: bills-2026-09-13 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb557.md next: https://georgiacommons.org/bills/2025-2026/sb559.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 95 omitted_url: https://georgiacommons.org/bills/2025-2026/sb558.md?full=1 bill_number: SB 558 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2026-02-24 last_action: Senate Read and Referred sponsors: - Harold Jones - Derek Mallow - Ed Harbison - Jaha Howard - Sally Harrell - Elena Parent - Kim Jackson - Nan Orrock - Tonya Anderson - RaShaun Kemp - Emanuel Jones - Kenya Wicks - Michael Rhett - Donzella James - Randal Mangham - Gail Davenport - Nikki Merritt - Josh McLaurin - Nabilah Islam Parkes - David Lucas text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/SB558/2025 upstream_id: 2123558 summaries_model: claude-sonnet-5 topic_tags: - marijuana possession - criminal justice reform - drug penalties - Georgia courts - misdemeanor law --- # SB 558. Controlled Substances; possession of certain quantities of marijuana constitute a misdemeanor; provide ## Text Senate Bill 558 By: Senators Jones II of the 22nd, Mallow of the 2nd, Harbison of the 15th, Howard of the 35th, Harrell of the 40th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that possession of certain quantities of marijuana constitute a misdemeanor; to revise a definition; to change provisions relating to punishment; to amend Title 15, Title 16, Title 17, and Code Section 36-32-6 of the Official Code of Georgia Annotated, relating to courts, crimes and offenses, criminal procedure, and municipal court jurisdiction in marijuana possession cases, respectively, so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising subsection (b) of Code Section 16-13-2, relating to conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes, dismissal of charges, and restitution to victims, as follows: "(b)(1) It shall be unlawful for any person to possess or have under his or her control three ounces or less of marijuana. (2) Any person who violates paragraph (1) of this subsection and the aggregate weight of marijuana is one-half ounce or less, he or she shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $300.00 or community service not to exceed 250 hours. (3) Any person who violates paragraph (1) of this subsection and the aggregate weight of marijuana is at least one-half ounce but not more than three ounces shall: (A) Upon the first, second, or third conviction thereof, be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or community service not to exceed 500 hours; and (B) Upon the fourth and each subsequent conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. 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 and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months." SECTION 1-2. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 16-13-5, relating to immunity from arrest or prosecution for persons seeking medical assistance for drug overdose, as follows: "(2) 'Drug violation' means: (A) A violation of subsection (a) of Code Section 16-13-30 for possession of a controlled substance if the aggregate weight, including any mixture, is less than four grams of a solid substance, less than one milliliter of liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than four grams; (B) A violation of subsection (b) of Code Section 16-13-2 paragraph (1) of subsection (j) of Code Section 16-13-30 for possession of three ounces or less than one ounce of marijuana; or (C) A violation of Code Section 16-13-32.2, relating to possession and use of drug related objects." SECTION 1-3. Said chapter is further amended by revising subsection (j) of Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties , as follows: "(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute more than three ounces of marijuana or possess with the intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years." PART II SECTION 2-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (b) of Code Section 15-7-4, relating to jurisdiction and authority of state court judges, as follows: "(b) Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with other courts having such jurisdiction, over possession of one ounce or less of marijuana, in accordance with Code Sections Section 16-13-2 and 16-13-30." SECTION 2-2. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 15-9-30.6, relating to probate court jurisdiction over certain drug and alcohol offenses, as follows: "(1) Possession of one ounce or less of marijuana, in accordance with Code Sections Section 16-13-2 and 16-13-30; and" SECTION 2-3. Said title is further amended by revising subsection (a) and paragraph (1) of subsection (c) of Code Section 15-10-260, relating to magistrate court jurisdiction and penalties, as follows: "(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21." "(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2;" SECTION 2-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraph (4) of subsection (b) of Code Section 16-11-106, relating to possession of a firearm or knife during the commission or attempt to commit certain crimes, as follows: "(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section Sections 16-13-2 and 16-13-30, any counterfeit substance as defined in Code Section 16-13-21, or any noncontrolled substance as provided in Code Section 16-13-30.1; or" SECTION 2-5. Said title is further amended by revising subparagraph (a)(2)(B) of Code Section 16-13-5, relating to immunity from arrest or prosecution for persons seeking medical assistance for a drug overdose, as follows: "(B) A violation of paragraph (1) of subsection (j) (b) of Code Section 16-13-30 16-13-2 for possession of less than one ounce of marijuana; or" SECTION 2-6. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-7-72, relating to jurisdiction of probate courts to try certain drug and alcohol offenses, as follows: "17-7-72. In probate courts which have jurisdiction over misdemeanor possession of marijuana in accordance with Code Sections Section 16-13-2 and 16-13-30 and certain misdemeanor violations of Code Section 3-3-23 pursuant to Code Section 15-9-30.6, the following offenses may be tried upon a summons or citation without an accusation: (1) Possession of one ounce or less of marijuana, in accordance with Code Sections Section 16-13-2 and 16-13-30; and (2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors." SECTION 2-7. Code Section 36-32-6 of the Official Code of Georgia Annotated, relating to municipal court jurisdiction in marijuana possession cases, is amended by revising subsections (a) and (c) as follows: "(a) The municipal court of any municipality is granted jurisdiction to try and dispose of cases where a person is charged with the misdemeanor possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases." "(c) Any defendant charged with possession of an ounce or less of marijuana in a municipal court shall be entitled on request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred." PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. 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. ### Plain-language summary 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 it 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. ## Status - Status: Introduced (2026-02-24) - Last action: Senate Read and Referred (2026-02-25) - Sponsors: Harold Jones, Derek Mallow, Ed Harbison, Jaha Howard, Sally Harrell, Elena Parent, Kim Jackson, Nan Orrock, Tonya Anderson, RaShaun Kemp, Emanuel Jones, Kenya Wicks, Michael Rhett, Donzella James, Randal Mangham, Gail Davenport, Nikki Merritt, Josh McLaurin, Nabilah Islam Parkes, David Lucas - Official page: https://www.legis.ga.gov/legislation/73541 > The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb558.md?full=1