Legal Question in Criminal Law in Georgia

Can a husband and wife each be charged with felony possession of marijuana (just over 1 ounce) for the same bag?

Asked on 3/06/14, 6:59 am

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

If the allegation is that they both possessed it, then yes they can. While the prosecution has the burden to show that they both had knowledge of the drugs, this will be presumed by juries in many cases, such as when they are in in the car, unless one cops to it and says the other knows nothing about it. If this is a possession case with no intent to distribute charged, it can often be reduced to a misdemeanor for one of the parties. That is, if a motion to suppress would not work to exclude evidence of the drugs at all.

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Answered on 3/06/14, 7:31 am

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