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Alcovy Circuit No blanket dismissal of pot charges

State law affects marijuana possession cases

Posted: Wednesday, August 28, 2019 12:00 am

COVINGTON, Ga. — On May 10, Gov. Brian Kemp signed Georgia’s Hemp Farming Act. The legislation legalized the growth and sale of hemp for certain academic research and changed the definition of “marijuana” under the Georgia Controlled Substance Act. Federally, hemp contains 0.3% of THC (the principal psychoactive constituent of cannabis) or lower.

Since then, district attorneys across the state have released varying opinions on the prosecution of marijuana cases. As it stands, law enforcement can test for the presence of THC, but are unable to test for the amount, meaning they would not be able to determine if a substance was illegal marijuana or legalized hemp. 

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