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I got a citation for possession of marijuana less than 1 oz. Will I be drug tested at court or can i continue to get high?

Alpharetta, GA |

only residue was found in my car. Doesn't really sound like possession to me.

Attorney Answers 5


  1. Unfortunately, that does qualify as possession because you can't have any amount of marijuana, residue, etc. in your possession or under our control in Georgia. On your first court date they're not going to drug test you, but if you are convicted, and go on probation, it is possible you will be subjected to random drug tests. Be careful with this charge because if pure found guilty it will suspend our driver's license for 6 months, and this is a hard suspension wit no limited permit for work or school. Depending on your record they may be ways to avoid a conviction, and stop the license suspension.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  2. I agree with James. You will not be tested the first time in court, however if you enter a plea some Judges will make you have a test for a baseline and then test you randomly while,on probation . If you then test positive you will be arrested and probation will be revoked. Hire a lawyer


  3. You will not be tested in court unless you enter a plea under conditional discharge. Then, they are likely to test you for a base line number. On probation, they will test you often and on a random basis.

    On another issue, "can I continue to get high?" is not a comment that indicates a likely hood that you will be successful on probation. You need to understand that smoking weed in Georgia is about the easiest way to be violated on your probation and/or kicked out of conditional discharge -- they know how to catch you! Get you attitude and mind set squared away -- you are not built for guilt but you are going in that direction. You can make it clean if you take your case, your life, and your future seriously. You need to lawyer up ASAP for the best results -- and continued advice. Thanks for the inquiry and good luck.

    My addressing your legal question/issue does not establish an attorney-client relationship. On this forum, there is no way for legal counsel to know all the facts and circumstances surrounding your legal matter. By far, the best way to handle your legal issues is to retain legal counsel or apply for a public defender.


  4. Some judges drug test people as a condition of their bond. If they fail, they go to jail (bond revocation). Moreover, you cannot continue to get high because it is illegal in the STate of Georgia, whehter they test you or not.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

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