J. Pete Theodocion, Attorney at Law
Phone
706-250-8762
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Do state and federal marijuana laws differ?

The federal government does not recognize the legalization of marijuana. In Georgia, marijuana is regulated under the state's Controlled Substances Act, even though it is not a scheduled substance.

One important thing to know is that Georgia has passed a state law that allows for medical CBD oil to be used. The cannabis oil must have high levels of CBD but low instances of THC in the oil. A physician must have approved the treatment for a patient who qualifies for this treatment under state-qualifying condition requirements.

Although the state allows some amount of marijuana use among those with medical needs, it is harsh on those who possess any amount of marijuana. If you possess just over an ounce, you'll face a mandatory minimum sentence of at least one year in jail with no opportunity for the judge to take the jail term off the table.

Federally, the use, sale and distribution of marijuana is illegal. The Controlled Substances Act considers marijuana to be a Schedule I drug. This is a category of drugs with a high potential for abuse along with a lack of medical value. In the future, this could change, as more research into the drug has begun to show that it could have significant medical value, especially for those with neurological conditions.

There is a potential for a conflict between federal and state laws, but on the whole, the federal government allows the state laws to prevail. If you have concerns about your charge for marijuana possession or other federal drug crime, it's a good idea to speak with someone familiar with both state and federal laws.

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J. Pete Theodocion, Attorney at Law
507 Walker Street
Augusta, GA 30901

Toll Free: 866-537-9545
Phone: 706-250-8762
Fax: 706-722-3006
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