SB558: SB558 Controlled Substances; possession of certain quantities of marijuana constitute a misdemeanor; provide

26 LC 49 2689 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 to1 controlled substances, so as to provide that possession of cert ain quantities of marijuana2 constitute a misdemeanor; to revise a definition; to change provisions relating to punishment;3 to amend Title 15, Title 16, Title 17, and Code Section 36-32-6 of the Official Code of4 Georgia Annotated, relating to courts, crimes and offenses, cri minal procedure, and5 municipal court jurisdiction in marijuana possession cases, respectively, so as to provide for6 conforming cross-references; to provide for related matters; to repeal conflicting laws; and7 for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 PART I10 SECTION 1-1.11 Chapter 13 of Title 16 of the Official Code of Georgia Annotate d, relating to controlled12 substances, is amended by revising subsection (b) of Code Secti on 16-13-2, relating to13 conditional discharge for possession of controlled substances a s first offense and certain14 nonviolent property crimes, dismissal of charges, and restitution to victims, as follows:15 S. B. 558 - 1 - 26 LC 49 2689 "(b)(1) It shall be unlawful for any person to possess or have under his or her control16 three ounces or less of marijuana.17 (2) 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.21 (3) Any person who violates paragraph (1) of this subsection and the aggregate weight22 of marijuana is at least one-half ounce but not more than three ounces shall:23 (A) Upon the first, second, or third conviction thereof, be guilty of a misdemeanor and24 shall be punished by a fine not to exceed $1,000.00 or community service not to exceed25 500 hours; and26 (B) Upon the fourth and each subsequent conviction thereof, be guilty of a27 misdemeanor of a high and aggravated nature.28 Notwithstanding any law to the contrary, any person who is charged with possession of29 marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and30 punished by imprisonment for a period not to exceed 12 months or a fine not to exceed31 $1,000.00, or both, or public works not to exceed 12 months."32 SECTION 1-2.33 Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section34 16-13-5, relating to immunity from arrest or prosecution for pe rsons seeking medical35 assistance for drug overdose, as follows:36 "(2) 'Drug violation' means:37 (A) A violation of subsection (a) of Code Section 16-13-30 for possession of a38 controlled substance if the aggregate weight, including any mix ture, is less than four39 grams of a solid substance, less than one milliliter of liquid substance, or if the40 S. B. 558 - 2 - 26 LC 49 2689 substance is placed onto a secondary medium with a combined weight of less than four41 grams; 42 (B) A violation of subsection (b) of Code Section 16-13-2 paragraph (1) of subsection43 (j) of Code Section 16-13-30 for possession of three ounces or less than one ounce of44 marijuana; or45 (C) A violation of Code Section 16-13-32.2, relating to posses sion and use of drug46 related objects."47 SECTION 1-3.48 Said chapter is further amended by revising subsection (j) of Code Section 16-13-30, relating49 to purchase, possession, manufacture, distribution, or sale of controlled substances or50 marijuana and penalties , as follows:51 "(j)(1) It shall be unlawful for any person to possess, have un der his or her control,52 manufacture, deliver, distribute, dispense, administer, purchas e, sell, or possess with53 intent to distribute more than three ounces of marijuana or possess with the intent to54 distribute marijuana.55 (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code56 Section 16-13-2, any person who violates this subsection shall be guilty of a felony and,57 upon conviction thereof, shall be punished by imprisonment for not less than one year nor58 more than ten years."59 PART II60 SECTION 2-1.61 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising62 subsection (b) of Code Section 15-7-4, relating to jurisdiction and authority of state court63 judges, as follows:64 S. B. 558 - 3 - 26 LC 49 2689 "(b) Each state court shall have jurisdiction, within the terri torial limits of the county or65 counties for which it was created and concurrent with other courts having such jurisdiction,66 over possession of one ounce or less of marijuana, in accordance with Code Sections67 Section 16-13-2 and 16-13-30."68 SECTION 2-2.69 Said title is further amended by revising paragraph (1) of subs ection (a) of Code Section70 15-9-30.6, relating to probate court jurisdiction over certain drug and alcohol offenses, as71 follows:72 "(1) Possession of one ounce or less of marijuana, in accordance with Code Sections73 Section 16-13-2 and 16-13-30; and"74 SECTION 2-3.75 Said title is further amended by revising subsection (a) and paragraph (1) of subsection (c)76 of Code Section 15-10-260, relating to magistrate court jurisdiction and penalties, as follows:77 "(a) This article governs trials of misdemeanor violations of C ode Sections 16-13-30,78 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21."79 "(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of80 Code Section 16-13-2;"81 SECTION 2-4.82 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is83 amended by revising paragraph (4) of subsection (b) of Code Section 16-11-106, relating to84 possession of a firearm or knife during the commission or attempt to commit certain crimes,85 as follows:86 "(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing,87 administering, selling, or possession with intent to distribute any controlled substance or88 S. B. 558 - 4 - 26 LC 49 2689 marijuana as provided in Code Section Sections 16-13-2 and 16-13-30, any counterfeit89 substance as defined in Code Section 16-13-21, or any noncontro lled substance as90 provided in Code Section 16-13-30.1; or"91 SECTION 2-5.92 Said title is further amended by revising subparagraph (a)(2)(B ) of Code Section 16-13-5,93 relating to immunity from arrest or prosecution for persons seeking medical assistance for94 a drug overdose, as follows:95 "(B) A violation of paragraph (1) of subsection (j) ( b ) of Code Section 16-13-3096 16-13-2 for possession of less than one ounce of marijuana; or"97 SECTION 2-6.98 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is99 amended by revising Code Section 17-7-72, relating to jurisdiction of probate courts to try100 certain drug and alcohol offenses, as follows:101 "17-7-72.102 In probate courts which have jurisdiction over misdemeanor poss ession of marijuana in103 accordance with Code Sections Section 16-13-2 and 16-13-30 and certain misdemeanor104 violations of Code Section 3-3-23 pursuant to Code Section 15-9 -30.6, the following105 offenses may be tried upon a summons or citation without an accusation:106 (1) Possession of one ounce or less of marijuana, in accordance with Code Sections107 Section 16-13-2 and 16-13-30; and108 (2) Any violation of paragraph (2) of subsection (a) of Code S ection 3-3-23 which is109 punishable as a misdemeanor, but not violations punishable as h igh and aggravated110 misdemeanors."111 S. B. 558 - 5 - 26 LC 49 2689 SECTION 2-7.112 Code Section 36-32-6 of the Official Code of Georgia Annotated, relating to municipal court113 jurisdiction in marijuana possession cases, is amended by revising subsections (a) and (c) as114 follows:115 "(a) The municipal court of any municipality is granted jurisdiction to try and dispose of116 cases where a person is charged with the misdemeanor possession of one ounce or less of117 marijuana if the offense occurred within the corporate limits o f such municipality. The118 jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts119 within the county having jurisdiction to try and dispose of such cases."120 "(c) Any defendant charged with possession of an ounce or less of marijuana in a121 municipal court shall be entitled on request to have the case against him or her transferred122 to the court having general misdemeanor jurisdiction in the cou nty wherein the alleged123 offense occurred."124 PART III125 SECTION 3-1.126 All laws and parts of laws in conflict with this Act are repealed.127 S. B. 558 - 6 -