In October 2017, the Atlanta City Council voted unanimously (15-0) to pass an ordinance that “decriminalizes” marijuana…but it is still illegal. This may seem like a contradiction on its face but keep reading.
The main effect of the ordinances is that simple possession of the drug is no longer grounds for harsh financial hardship or imprisonment. While Atlanta’s recent move eliminates jail time and lessens fines for possessing an ounce or less of marijuana, it stops short of fully legalizing it. The City Council vote that decriminalizes weed does not equate to a vote for legalization. Instead, it merely creates a change in the manner in which people found in possession of marijuana are prosecuted. Rather than arrest and imprisonment, people possessing less than one ounce of marijuana would be issued a citation, somewhat similar to receiving a traffic violation. Possession of medical, as opposed to recreational, marijuana (up to 20 fl oz of low THC oil), remains legal.
A press release issued after the ordinance was signed states, “The ordinance does not legalize or decriminalize possession of marijuana. It addresses the disparity in the punishment for possession.” The new ordinance opens the door for Atlanta’s police force to focus their attention on more violent crimes, rather than using copious amounts of time writing and filing reports for individuals in possession of small amounts of the drug. It is important to note that anyone found with more than a single ounce of marijuana continues to face serious legal penalties. It is also important to note that this ordinance is limited to the city of Atlanta and does not apply to other cities in the metropolitan area.
If you find yourself on the wrong side of the decriminalization versus legalization dispute surrounding recent changes to the law in Atlanta, call the experienced legal team at Stephen H. Robinson Law Offices. Our team of attorneys can help you fight for the best possible outcome and use the new laws to your best advantage.