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) <ins>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.
</ins> <del>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."
</del> 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 <ins>subsection (b) of Code Section 16-13-2</ins> <del>paragraph (1) of subsection
(j) of Code Section 16-13-30</del> for possession of <ins>three ounces or</ins> less <del>than one ounce</del> 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 <ins>more than three ounces of</ins> marijuana <ins>or possess with the intent to
distribute marijuana.
</ins> (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 <del>one ounce or less of</del> marijuana, in accordance with Code <del>Sections
</del> <ins>Section</ins> 16-13-2 <del>and 16-13-30."
</del> 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 <del>one ounce or less of</del> marijuana, in accordance with Code <del>Sections
</del> <ins>Section</ins> 16-13-2 <del>and 16-13-30;</del> 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 <del>16-13-30,
</del> 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21."
"(1) For possession of <del>less than one ounce of</del> 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 <del>Section</del> <ins>Sections 16-13-2 and</ins> 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 <del>paragraph (1) of</del> subsection <del>(j)</del> <ins>(b)</ins> of Code Section <del>16-13-30
</del> <ins>16-13-2</ins> for possession of <del>less than one ounce of</del> 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 <del>Sections</del> <ins>Section</ins> 16-13-2 <del>and 16-13-30</del> 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 <del>one ounce or less of</del> marijuana, in accordance with Code <del>Sections
</del> <ins>Section</ins> 16-13-2 <del>and 16-13-30;</del> 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 <ins>misdemeanor</ins> possession of <del>one ounce or less of
</del> 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 <del>an ounce or less of</del> 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.