Senate · Introduced · 2025-2026 Regular Session

SB558: SB558 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, creating new fine and penalty tiers based on how much someone is caught with, and update related court jurisdiction laws.

In plain language

Under current Georgia law, possessing one ounce or less of marijuana is a misdemeanor, while possessing more can lead to a felony charge under the state's controlled substances law (O.C.G.A. Title 16, Chapter 13). SB558 would raise that misdemeanor line to three ounces and create a tiered penalty system: possession of half an ounce or less would draw a fine of up to $300 or up to 250 hours of community service, while possession of more than half an ounce but no more than 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, and become a more serious misdemeanor ("high and aggravated") on a fourth or later offense. The bill also raises the threshold in Georgia's felony drug law (O.C.G.A. § 16-13-30) so that a felony possession-with-intent or distribution charge would apply to amounts over three ounces instead of over one ounce. It updates cross-references in Georgia's courts, criminal procedure, and municipal court laws (Titles 15, 16, 17, and O.C.G.A. § 36-32-6) so those sections point to the revised marijuana law. Some of the bill's own conforming language still refers to the old one-ounce threshold in places, which could create inconsistencies if enacted as written.

What the bill does

Raises the marijuana possession amount treated as a misdemeanor in Georgia from one ounce to three ounces under O.C.G.A. § 16-13-2.
Creates a new penalty tier for half an ounce or less (fine up to $300 or up to 250 hours of community service).
Creates a new penalty tier for amounts between half an ounce and three ounces (fine up to $1,000 or up to 500 hours of community service for the first three offenses, escalating to a high and aggravated misdemeanor on the fourth offense).
Raises the threshold in Georgia's felony drug distribution law (O.C.G.A. § 16-13-30) from one ounce to three ounces for possession with intent to distribute or sale of marijuana.
Updates cross-references in state court, probate court, magistrate court, and municipal court jurisdiction statutes to point to the revised marijuana possession thresholds.
Repeals any state laws that conflict with these changes.

Who it affects

The bill affects anyone charged with marijuana possession in Georgia, along with state courts, probate courts, magistrate courts, and municipal courts that handle these cases, prosecutors and defense attorneys, and law enforcement officers who decide what charges to bring based on the amount of marijuana found.

Why it matters

If enacted, someone caught with up to three ounces of marijuana would generally face a misdemeanor with capped fines or community service instead of the current one-ounce cutoff, while the threshold for a felony distribution charge would also move to three ounces, changing how far someone could go before facing more serious criminal consequences.

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, with different fine and community service caps depending on the amount.
Section 1-1 sets a fourth-or-later conviction for amounts over half an ounce as a high and aggravated misdemeanor, a more serious misdemeanor classification.
Section 1-2 updates the state's drug overdose medical amnesty law (O.C.G.A. § 16-13-5) to reference the new marijuana possession thresholds.
Section 1-3 revises O.C.G.A. § 16-13-30(j) so the felony charge for possession with intent to distribute or sale applies to marijuana amounts over three ounces, punishable by one to ten years in prison.
Sections 2-1 through 2-3 update jurisdiction language for state, probate, and magistrate courts (O.C.G.A. §§ 15-7-4, 15-9-30.6, 15-10-260) to reference the revised marijuana possession law.
Section 2-4 updates the firearm-during-a-crime statute (O.C.G.A. § 16-11-106) to cross-reference the new marijuana possession sections.
Section 2-6 and 2-7 update probate court and municipal court jurisdiction statutes (O.C.G.A. §§ 17-7-72, 36-32-6) for marijuana possession cases.
Section 3-1 repeals any existing Georgia laws that conflict with these changes.

From the bill

“Any person who violates paragraph (1) of this subsection and the aggregate weight18 of marijuana is one-half ounce or less, he or she shall be guil ty of a misdemeanor and19 shall be punished by a fine not to exceed $300.00 or community service not to exceed20 250 hours.”
Sets the penalty for possessing a half ounce or less of marijuana.

“Upon the fourth and each subsequent conviction thereof, be guilty of a27 misdemeanor of a high and aggravated nature.”
Escalates repeat marijuana possession offenses to a more serious misdemeanor charge.

Status timeline

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

Topics

marijuana laws
drug possession penalties
criminal justice reform
court jurisdiction
Georgia controlled substances law