Georgia Drug Attorney Argues Against the Constitutionality of State’s Law Against Marijuana Possession

According to an October 7th, 2008 article in the Atlanta Journal-Constitution, local attorney Christopher McClurg, has taken his constitutional argument against a 1971 Georgia marijuana law all the way to the Supreme Court. McClurg argued that the Constitution guarantees jury trials to defendants charged with crimes like marijuana possession and that since jury trials are not typically offered, the law is essentially unconstitutional. Not all justices on the court appear convinced by McClurg’s case. George Carley, a veteran GA Supreme Court justice, argued that if McClurg’s argument was taken to its fullest conclusion, the court system would seize up and produce “absurd results.” McClurg’s client — a juvenile arrested for possession of a small (less than 1 oz.) amount of marijuana in his pocket, in August 2007 in Gwinnett County — remains anonymous to the public.

Although it’s unclear whether or not the Georgia Supreme Court will rule that the 1971 law was in fact unconstitutional, analysts and scholars agree that this case could likely reshape thinking on the issue. As more and more states, such as California, become tolerant of the possession of small amounts of marijuana for medicinal purposes, other states, such as Georgia, will likely follow suit by relaxing some restrictions, experts say.

If you’ve been arrested for possession of marijuana in Georgia or any other illicit drugs or narcotics, you need a stalwart defense attorney in your corner.


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