Gwinnett County Solicitor General (prosecutor) announces dismissal of pending misdemeanor marijuana possession cases – citing new Georgia law

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Gwinnett County Solicitor General (prosecutor) announces dismissal of pending misdemeanor marijuana possession cases – citing new Georgia law

Citing Georgia’s recently passed Hemp Farming Law, the Solicitor General of Gwinnett County, whose office is responsible for the prosecution of misdemeanor offenses in the county, has announced the dismissal of pending marijuana possession cases and indicated that, at least for the time being, prosecution of such cases may not be legal.  Because Georgia’s Hemp Farming Law does not contain essential elements addressing possession of low-THC hemp, the law creates potentially insurmountable hurdles in prosecuting marijuana possession cases.  Although possession of marijuana remains illegal in the State of Georgia, prosecutors would likely not have sufficient evidence to prove beyond a reasonable doubt that the material in question in a particular case was marijuana as opposed to low-THC hemp. 

Memo from Solicitor General

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