25 LC 48 1363
House Bill 41
By: Representatives Davis of the 87
th
, Scott of the 76
th
, and Schofield of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to
1
conditional discharge for possession of controlled substances as first offense and certain2
nonviolent property crimes, dismissal of charges, and restitution to victims, so as to authorize3
counties and municipal corporations to adopt ordinances governing and punishing the4
possession of one ounce or less of marijuana; to amend Code Section 36-1-20 of the Official5
Code of Georgia Annotated, relating to ordinances for governing and policing of6
unincorporated areas of county, so as to authorize counties to adopt ordinances governing7
and punishing the possession of one ounce or less of marijuana; to provide for related8
matters; to provide for a short title; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Georgia Local Governance and Fair12
Enforcement Act."13
H. B. 41
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SECTION 2.
14
Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional15
discharge for possession of controlled substances as first offense and certain nonviolent16
property crimes, dismissal of charges, and restitution to victims, is amended by revising17
subsection (b) as follows:18
"(b) Except as provided in Code Sections 36-1-20 and 36-32-6,
Notwithstanding any law19
to the contrary, any person who is charged with possession of marijuana, which possession20
is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for21
a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public22
works not to exceed 12 months."23
SECTION 3.24
Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for25
governing and policing of unincorporated areas of county, is amended by adding a new26
subsection to read as follows:27
"(e) The governing authority of each county is authorized to adopt ordinances governing28
the possession of one ounce or less of marijuana within the unincorporated areas of the29
county. Violation of such ordinances may be punished by fines, and each such ordinance30
shall specify the maximum punishment which may be imposed for a violation of the31
ordinance. In no case shall the maximum punishment for the violation of any such32
ordinance exceed a fine of $1,000.00. Any fines and bond forfeitures arising from the33
prosecution of such cases shall be retained by the county and shall be paid into the treasury34
of such county."35
SECTION 4.36
All laws and parts of laws in conflict with this Act are repealed.37
H. B. 41
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