Marijuana Possession in Dekalb County

Back in mid-2018, Dekalb County Industrialized District, which includes Sandy Springs, wasn’t the first area to decriminalize marijuana possession under one ounce. However, while marijuana supporters everywhere were cheering, Sandy Springs found another way to penalize those found in possession of marijuana or those who even get close to it.

While this may sound ominous, here are the facts.

The change instituted almost two years ago allows anyone in possession of less than one ounce of marijuana to possibly face zero time behind bars and a monetary fine no more than $75. Offenses after the first are dealt with in an increasingly severe manner; however, compared with other cities and states, penalties remain low with a second offense fining $150, a third $300, fourth $450, and all latter offenses facing a minimum $500 and possible time in lockup for 60 days.

Pretty light punishments in comparison with prior years treatment of possession of illegal substances. Let’s look at Sandy Springs’ new way of managing the buying, selling, and using of recreational weed.

Less is more, or more is less?

Possession of marijuana (and essentially all other drugs) now falls under Sandy Springs Disorderly Conduct citation. How does this work? Due to delays at Dekalb County Courthouse, there is now a charge considered less severe than a speeding ticket under Georgia law.

Now, in addition to what we have come to know as disorderly conduct (i.e., violence, fraud, impeding traffic, etc.), Sandy Springs has added the following:

Be in or about any place where gaming or illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs are practiced, allowed or tolerated, for the purpose of or intent to engage in gaming or the purchase, use, possession or consumption of such illegal drugs, narcotics or alcohol…

Read more on Code of Ordinances for Sandy Springs.

What does this mean?

Using marijuana or any other illegal substance may be ticketed with a citation that barely raises eyebrows. Many of the illegal substances that would be a one-way ticket to a felony in most other cities and states in America now comes with a written ticket, a monetary fine, and perhaps a glare from our finest in blue. At worst, you may have to serve probation and/or be ordered into drug treatment.

The good news for marijuana users in Sandy Springs is that they will not face a looming criminal record should they receive the disorderly conduct citation. At the same time, how can this be beneficial for the Atlanta suburb when users of illegal substances, such as heroin and cocaine, are being allowed the same leniencies?

One argument stems from the Dekalb County system being overwhelmed. Sandy Springs’ officials claim that the disorderly conduct charge gives those using more dangerous illegal substances the chance to get the help they need instead of losing them in the larger state system. An admirable claim, if it works.

Know Your Marijuana Rights

If you are a supporter of marijuana use as a recreational and/or medicinal drug, you want to look into your rights regarding this matter as the lines between criminal offense and legality continue to be blurred between federal, state, and now even city laws and ordinances.

A criminal law attorney with experience in these areas can mean the difference between a mere slap on the wrist, your paycheck, and time in jail.